Date : 07-11-2024

Question :

What is the ruling of Islamic law on authorizing a guardian to distribute Zakat and other charities on another's behalf?


The Answer :


All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.


A person whose wealth is liable for Zakat may appoint another person to distribute it on his or her behalf, provided the agent is trustworthy, honest, and sincere. If a non-Muslim is chosen as the agent, the one giving Zakat must have the intention of Zakat while assigning this duty. The agent must follow these key conditions:


1- Agent's Benefit Restrictions: The agent appointed for distributing Zakat isn`t permitted to benefit personally from the Zakat funds. This means that he cannot take any portion of it for himself, nor for his minor children, spouse, parents, or anyone else whose financial support he is obligated to provide. Al-Imam An-Nawawi, referencing the Shafi'i school, notes: "If the one distributing the Zakat is the owner of the wealth liable for Zakat or their agent, the portion designated for the "worker" {Those employed to administer the (funds)} is nullified and should instead be allocated to the remaining eligible categories." [Al-Majmu' Sharh Al-Muhadhdhab/Vol.6/pp.185].


2- Immediate Distribution Requirement: Zakat must be delivered to the eligible recipients, particularly the poor and needy, without delay. The appointed agent is not permitted to postpone the distribution. Al-Imam As-Shirbini (May Allah have mercy on his soul) explains: "Zakat, meaning its payment, is obligatory to fulfill immediately because the recipients’ need for it is immediate once the giver of Zakat has the means to deliver it, similar to other obligations. If delayed without excuse, it is sinful and liable if it perishes." [Mughni Al-Muhtaj/Vol. 2/pp.129].


3- Direct Distribution to the Poor: Zakat must be given directly to eligible recipients, specifically the poor and needy, and it is forbidden to be used for building projects like mosques, schools, hospitals, or Quran memorization centers. Allah, The Most Exalted, specifies in the Quran (What means): "Indeed, [prescribed] charitable offerings are only for the poor and the needy, and those who collect them, and those whose hearts are to be reconciled, and to free slaves, and for those in debt, and for the cause of Allah, and for the stranded traveler—an obligation from Allah. And Allah is Knowing and Wise" [At-Tawbah/60]. This verse clearly outlines the categories of Zakat recipients, and using it for infrastructure projects like mosques or schools does not fall within these categories. As for the term "in the cause of Allah" scholars commonly interpret it as referring to those who volunteer as soldiers in jihad. Ibn Al-Qasim states: "In the cause of Allah refers to those who volunteer for Jihad without receiving a government stipend" [Fath Al-Qareeb/Vol.1/pp.133].


4- Adhering to the Zakat Giver's Conditions in Distribution: The agent must follow the conditions set by the person (Zakat giver) who appointed them in the distribution of Zakat, whether it is for a specific or general recipient. As Sheikh Al-Bujayrimi (May Allah have mercy on his soul) mentioned: "The condition of the donor is like the text of the Sharia." [Hashiyat Al-Bujayrimi/Vol.3/pp.253]. This means that the agent is obligated to fulfill the donor's specified intention and not deviate from it.


5- Payment According to the Giver's Condition: The Zakat must be distributed in accordance with the conditions set by the giver of Zakat. If the giver specifies that the Zakat should be given in cash, the agent isn't allowed to distribute it as food or goods, unless the giver explicitly conditions it in such a manner.


In this regard, Al-Imam An-Nawawi (May Allah have mercy on his soul): "We have mentioned that our school of thought (Shafi'i) does not allow the payment of value (such as money) in place of Zakat, and this is also the opinion of Al-Imam Malik, Ahmad, and Dawood. However, Al-Imam Malik allowed the exchange of dirhams (Silver) for dinars (Gold) and vice versa; besides, Al-Imam Abu Hanifa permitted the payment of value (money) in place of goods. For instance, if someone is obliged to give a sheep, they may pay the equivalent value in money instead." [Al-Majmu' Sharh Al-Muhadhab/Vol.5/pp.429].


In addition, Al-Shirazi (May Allah have mercy on his soul) stated: "The agent does not have the authority to act beyond what is explicitly granted by the Zakat giver through either direct verbal permission or customary practice, because the agent's actions are based on permission. Therefore, the agent only has the authority to act as permitted by the Zakat giver." [Al-Muhadhab/Vol.2/pp.165].


6- If the Zakat giver grants general authority to the agent, the agent is only permitted to act in the best interest of the giver and within the bounds of the conditions for the validity of Zakat distribution. Al- Imam An-Nawawi (May Allah have mercy on his soul) stated: "Agency holds the ruling of trust, and the agent is liable for that trust." [Rawdat Al-Talibin/Vol.4/pp.325]. This means that the agent is entrusted with the responsibility and must act with integrity and in accordance with the giver's instructions. Furthermore, according to Imam Al-Ramli (May Allah have mercy on his soul): "It is known that neither a guardian nor an agent acts except in what is beneficial." [Hashiyat Al-Ramli/Vol.2/pp.4].


7- The agent must ensure that the recipients of Zakat meet the conditions of being poor or needy. It is not permissible for the agent to give Zakat to someone who is not entitled to it. Al-Imam An-Nawawi (May Allah have mercy on his soul) stated: "If the owner himself pays Zakat and it turns out the recipient was wealthy, it is not considered valid according to the apparent view." [Rawdat Al-Talibin/Vol.2/pp.338]. This highlights the importance of ensuring that Zakat is distributed to those who truly qualify as poor or needy. The agent is bound by the same obligation as the Zakat giver in verifying the eligibility of the recipients to receive Zakat. This requires the agent to investigate and confirm the poverty or neediness of the person before distributing Zakat, within reasonable means.


Once these conditions are met, the Zakat is valid, and the responsibility of the giver is fulfilled, as long as the agent has adhered to the prescribed rules. Thus, the Zakat fulfills its purpose, and the giver is cleared from liability before Allah The Almighty. And Allah The Almighty Knows Best.