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مصرف في سبيل الله

المصدر: مجلة دار الإفتاء المصرية
الناشر: دار الافتاء المصرية
المؤلف الرئيسي: كاسب، مصطفى عبدالكريم (مؤلف)
المجلد/العدد: ع 2
محكمة: نعم
الدولة: مصر
التاريخ الميلادي: 2009
التاريخ الهجري: 1430
الشهر: أكتوبر
الصفحات: 94 - 105
رقم MD: 166896
نوع المحتوى: بحوث ومقالات
قواعد المعلومات: IslamicInfo
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المستخلص: This research explains the various methods in which Zakat (mandatory alms tax) can be spent fi sabeel lillah (in the cause or path of Allah). The opinions of the major Schools of Law will be discussed and analyzed. It includes an introduction, an explanation of two topics, and a conclusion. The introduction will explain the meaning of “sabeel" (path, means, way) linguistically. Then, the first topic discussed will be the various legal definitions and explanations of the term “in the cause of Allah” according to the four major Schools of Islamic Law (Hanafi, Maliki, Shafi, and Hanbali) We have agreed upon the following four matters: First: That the majority of scholars have agreed upon three issues. 1. That Jihad is absolutely included in what is classified as being “in the cause of Allah”. 2. The lawfulness of spending Zakah upon the families of those involved in Jihad. This does not include the spending of Zakah on other elements of Jihad like equipment, military gear, or other materials, as this is a matter of disagreement amongst the scholars. 3. The prohibition of spending Zakah in projects of general welfare like the building of dams, bridges, aqueducts, places of worship, schools, the restoration of streets, enshrouding those who have passed away, or any other similar issues. The onus to fulfill these needs should be entrusted to the treasury department of the state. The spending of Zakah in these issues is not permissible due to the lack of ownership according to Abu Hanifa, while others have stated the prohibition is because these issues fall outside the eight mentioned usages of Zakah explicitly stated in the Quran. Second: That the Hanafi School of Law stands alone in stipulating that the mujahid (one performing Jihad) must be poor in order for his family to be eligible for receiving Zakah. Similarly unique is one of the opinions of Imam Ahmed ibn Hanbal permitting the usage of Zakah upon a poor person to perform Hajj or Umrah. This opinion is not held by any other School of Law, but it is the opinion adopted by the Hanbalis that Hajj falls under what is considered “in the cause of Allah" Third: The Shafi and Hanbali Schools are in agreement in stipulating that the Mujahidun (those performing Jihad) must take Zakah only from what is given voluntarily in excess, and they cannot take from the mandatory payment of Zakah. Fourth: That everyone is in agreement, other than the Hanafis, in permitting the use of Zakah on anything beneficial pertaining to Jihad without restrictions. The second topic will discuss the statements of the scholars, both past and present, who expanded the scope of the term “in the cause of Allah” to go beyond Jihad and what is related to it. Rather, they explained the term in a much broader, more general sense. Some included anything that would be deemed righteous (in regards to the usage of Zakah), while others included all affairs of general welfare. These definitions are in agreement with the linguistic usage of the term. Furthermore, some scholars permitted the payment of Zakah upon those involved in supporting the general well being of the Muslims. Some also included Hajj as being "in the cause of Allah”. Finally, there are those who only expanded the scope of Jihad, preferring not to broaden the realm of what would be considered “in the cause of Allah” to include all righteous and beneficial projects or things. Similarly, they preferred not to be overly restrictive as well, by not limiting the scope of Jihad to military affairs only. The paper then concluded with recalling the most important findings. It was then clarified that the majority of scholars defined “in the cause of Allah" to refer to Jihad and anything related to it. However, there are scholars from the past and present who believe in a broader understanding of the term. Also, the opinions of those expanding the scope of Jihad are to be considered. Every scholar has his own respective point of view, and it is permissible to adopt the opinion of those who broadened the term, especially in the world we live in today. This is because a lot of the jurisprudence is based upon assumptions and opinions supported by evidence, rather than absolutes. Only Allah knows the absolute reality and truth of these affairs As long as an opinion is based upon sound legal foundations and evidence, it will not be discarded from the realm of Islamic Law. Any of these legitimate opinions may be adopted, even if one jurist gives preference to a specific opinion, since another jurist may give preference to a different opinion based on his assessment.

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