The Charitable Association in the Tribe: Does It Pay Zakah on Its Funds, and Is It Eligible to Receive Zakah?
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Fatwa No. ( 8191 )
Q1: Given the high frequency of accidents, which occur almost daily or monthly due to road incidents and may result in death, lacerations, or other injuries, and since the Shari'ah obligates the 'aqilah (kinship group) to pay and bear
the blood money (diyah) that falls upon the tribe, such as diyah for accidental killing, quasi-intentional killing, and lacerations. Accordingly, the Mutayyah tribe of al-'Uzayyan from 'Utaybah agreed to establish a charitable association (fund) in which each member of the 'aqilah pays a specific, agreed-upon amount annually, in anticipation of future disasters involving the aforementioned diyah. The purpose is to foster cooperation among the members of this tribe as a single 'aqilah, and to avoid the situation where the blood-money claimant has to travel to all members of the tribe, covering long distances east, west, south, and north, and enduring the fatigue, problems, and disputes that last for several months. Therefore, this association was established. Our inquiries are: 1. Is this action taken and agreed upon by the tribe considered a charitable and permissible act? 2. If a lunar year (hawl) passes over these funds, is zakah obligatory on them? 3. Is it permissible for the owners of the funds, upon which a hawl has passed and zakah has become obligatory, to pay their zakah to this association? 4. If a person or several people refuse to pay or participate in this association—and the conditions agreed upon by the 'aqilah state that a person who refuses to pay or participate is not obligated to the 'aqilah in any way—and then a diyah for accidental killing occurs for him, and he goes to the 'aqilah to request payment of the diyah according to the Shari'ah, but the 'aqilah refuses on the grounds that the aforementioned person previously refused to pay
and participate with the 'aqilah of his own free will and choice, and they did not expel him, but he is considered to have violated the agreement and the consensus of the 'aqilah. Is this person obligated to the 'aqilah, given that he previously violated their agreement and participated in this association after being informed of its conditions in advance? Is it permissible for him to seek payment of the blood money from outside the 'aqilah? It is known that the 'aqilah is capable and did not expel him, but he left, as I mentioned earlier, of his own free will and choice, and violated their agreement by refusing to pay with them. I ask your Eminence to answer me.
A1: First: The agreement of the tribe's men on what was mentioned is considered a charitable act because it involves cooperation in fulfilling an obligation. Second: If a hawl passes over the funds collected for the purpose specified in the inquiry, zakah is not obligatory on them if the collected amount does not revert to the ownership of those who collected it in the event of the project's failure, but is instead spent on the purpose for which it was collected or on other avenues of good. Third: It is not permissible for the owners of the funds, upon which a hawl has passed and zakah has become obligatory, to pay their zakah to this association; rather, they must pay it in the categories mentioned by Allah in the verse:[At-Tawbah 9:60] . Fourth: If a person refuses to participate in this, obligating the 'aqilah to pay
the diyah for someone he killed accidentally is a matter for the court. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: Given the high frequency of accidents, which occur almost daily or monthly due to road incidents and may result in death, lacerations, or other injuries, and since the Shari'ah obligates the 'aqilah (kinship group) to pay and bear
the blood money (diyah) that falls upon the tribe, such as diyah for accidental killing, quasi-intentional killing, and lacerations. Accordingly, the Mutayyah tribe of al-'Uzayyan from 'Utaybah agreed to establish a charitable association (fund) in which each member of the 'aqilah pays a specific, agreed-upon amount annually, in anticipation of future disasters involving the aforementioned diyah. The purpose is to foster cooperation among the members of this tribe as a single 'aqilah, and to avoid the situation where the blood-money claimant has to travel to all members of the tribe, covering long distances east, west, south, and north, and enduring the fatigue, problems, and disputes that last for several months. Therefore, this association was established. Our inquiries are: 1. Is this action taken and agreed upon by the tribe considered a charitable and permissible act? 2. If a lunar year (hawl) passes over these funds, is zakah obligatory on them? 3. Is it permissible for the owners of the funds, upon which a hawl has passed and zakah has become obligatory, to pay their zakah to this association? 4. If a person or several people refuse to pay or participate in this association—and the conditions agreed upon by the 'aqilah state that a person who refuses to pay or participate is not obligated to the 'aqilah in any way—and then a diyah for accidental killing occurs for him, and he goes to the 'aqilah to request payment of the diyah according to the Shari'ah, but the 'aqilah refuses on the grounds that the aforementioned person previously refused to pay
and participate with the 'aqilah of his own free will and choice, and they did not expel him, but he is considered to have violated the agreement and the consensus of the 'aqilah. Is this person obligated to the 'aqilah, given that he previously violated their agreement and participated in this association after being informed of its conditions in advance? Is it permissible for him to seek payment of the blood money from outside the 'aqilah? It is known that the 'aqilah is capable and did not expel him, but he left, as I mentioned earlier, of his own free will and choice, and violated their agreement by refusing to pay with them. I ask your Eminence to answer me.
A1: First: The agreement of the tribe's men on what was mentioned is considered a charitable act because it involves cooperation in fulfilling an obligation. Second: If a hawl passes over the funds collected for the purpose specified in the inquiry, zakah is not obligatory on them if the collected amount does not revert to the ownership of those who collected it in the event of the project's failure, but is instead spent on the purpose for which it was collected or on other avenues of good. Third: It is not permissible for the owners of the funds, upon which a hawl has passed and zakah has become obligatory, to pay their zakah to this association; rather, they must pay it in the categories mentioned by Allah in the verse:
Zakah expenditures are only for the poor and for the needy
إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِthe diyah for someone he killed accidentally is a matter for the court. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.