Fatawaa

Subject : Constraints Stipulated by Sharia on Giving Zakat to Hospitals and Medical Centers
Fatwa Number : 2713
Date : 17-10-2012
Classified : Zakat Distribution Channels
Fatwa Type : Search Fatawaa

Question :

What are the Islamic constraints on giving Zakat to hospitals and medical centers?



The Answer :


Praise be to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.

The disbursement of zakat to hospitals and medical centers must comply with two main conditions:

First, the funds must be designated specifically for the treatment of poor patients, and not for administrative or general operating expenses. When designated for medical costs, the hospital must assess whether the patient is truly in need or financially well-off. Zakat should be allocated only to those patients who are considered poor.

However, the definition of poverty in this context must take into account the nature of the illness and the cost of treatment. For instance, if a patient is generally able to cover his and his family’s living expenses, but is unable to bear the exceptionally high cost of treating a certain illness, then he is considered poor with respect to that treatment. This applies to many people, especially in the case of diseases like cancer—may Allah grant humanity the knowledge of its cure. This issue has been explained in detail in Fatwa No. (766).

Second, the hospital must obtain authorization (agency) from the poor patients, allowing the hospital or center to receive and spend the zakat on their behalf. This is because the basic principle of zakat is that it must be given directly to the poor person as their property. However, if the hospital or center is a governmental institution, then the ruler (or the state authority) has the right to disburse zakat funds on behalf of the poor in the way he deems most beneficial and suitable.

The jurists have permitted the ruler—or anyone acting in his capacity—to make decisions on how zakat is used for the benefit of the poor. For example, they said it is permissible for the ruler to purchase property for the poor person to benefit from. In this regard, Al-Zarkashī stated: "It is similar to a soldier going out for battle—if the ruler wishes, he may buy for him, and if he wishes, he may give him the money and authorize him to make the purchase" Kindly refer to [Mughnī Al-Muḥtāj/vol.4/pp.186]. The scholars added: "The reasoning is that the ruler is acting as the poor person’s agent in receiving zakat, and the zakat payer’s responsibility is fulfilled once the ruler receives the zakat." [Ḥāshiyat Al-Jamal ʿAlā Shariḥ Al-Manhaj, vol.4/pp.104].

Further, Ibn Ḥajar Al-Haytamī (may Allah have mercy on him) also said: "The ruler may compel the poor person to use the funds in a specific way and prevent him from transferring the ownership of the asset to another, for the sake of public interest. In this case, the poor person is not permitted to dispose of it, and any such action would be invalid." [Tuḥfat Al-Muḥtāj/vol.7/pp.165]. This ruling was also confirmed in the ruling of the Jordanian Iftaa’ Board, Fatwa No. (99). And Allah The Almighty Knows Best.







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