Who is responsible for the affairs of charitable associations?

The Shaykh : Let us build upon that.

The questioner: Okay

The Shaykh : Let us proceed with that, okay.

The questioner : Please go ahead.

The Shaykh : Now, is it not necessary, then, for those in charge of charitable associations to be scholars and jurists?

The questioner : Yes.

The Shaykh : Okay, is that also the case for charitable associations in the Islamic world?

The questioner : No. Some of them may also be under the guidance of our Shaykh.
Abu Malik: I hope the brother will ask.

Another questioner : Some of them may follow the rulings of Islamic jurisprudence.

The Shaykh : No, no, allow me. Your statement that they follow the rulings of Islamic jurisprudence is not an answer to my question.

The questioner : Because sometimes

The Shaykh : My brother, you say "because." Answer my point. I am saying that your statement that some of them follow the rulings of Islamic jurisprudence is not what I asked about. I want to say that this reminds me of a statement by Ibn Rushd al-Andalusi. He said a word of utmost gentleness and wisdom: "The example of the independent jurist and the example of the one who follows a scholar without knowing his evidence is like the example of the shoemaker and the seller of shoes." Like the shoemaker and the seller of shoes. The shoemaker has a man come to him with an unusual, unnatural foot size, short and wide, and he makes a shoe that fits that foot. But the seller of shoes has this man with the unusual foot come to him, and he looks at these hanging shoes and apologizes, saying he cannot find that size. I want the first type, meaning that whatever problem arises for this association, the answer and the ruling should emanate from it, rather than sending it to the institute of inquiry in such-and-such a country or to such-and-such a mufti in such-and-such a country to take, as you said, may Allah bless you, the rulings of Islamic jurisprudence. I do not want it to be exactly like the money changer. The money changer must be knowledgeable about the rulings of currency exchange, otherwise he will fall into usury or interest, correct? He may follow the ruling of Islamic jurisprudence, but where are the many transactions that confront him that do not allow him to ask and wait for an answer? The answer must emanate from himself. So the purpose, may Allah bless you, of all this talk is that these charitable associations must be based on the rulings of Islamic law, meaning by some of those in charge of this association. And unfortunately, this is very rare today in the Islamic world. I give you an example: some associations mix the funds of zakah with the funds of voluntary charity, and you must know something about this. They place the funds of zakah in general projects, for example, like the funds of voluntary charity, whereas zakah has its specified recipients mentioned in the Book and the Sunnah. Why? Because those in charge of it, from the president to the subordinates, are seekers of good, correct? But as it is said,
"Sa'd brought it, and Sa'd was wrapped up. This is not, O Sa'd, how camels are brought in."
Here, those who want to establish a charitable association must lay for it a foundation based on the Shari'ah, and these people should be scholars. And we are in need of scholars in matters that concern all Muslims, and we do not find these scholars except in a few, unfortunately. In conclusion, this research is truly a long and important one, and we ask Allah, Mighty and Majestic, to guide us to the truth in what people have differed upon, and to make it known to us, if Allah wills.
Abu Malik: Your Shaykh...

The Shaykh : Please go ahead.
Abu Malik: The question you asked about associations in the Islamic world: are they all bound by the rulings of Islamic law?

The Shaykh : Allahu Akbar.
Abu Malik: The question, truly, I say, meaning I say, there is no association in the Islamic world that is bound by the rulings of Islamic law for two reasons. The first reason is the ignorance of the vast majority of those in charge of them regarding the nature of the rulings of Islamic law.

The Shaykh : Yes, exactly.
Abu Malik: And the second reason, which is the most important, is that Islamic associations must necessarily deal with the state under which they are established.

The Shaykh : Yes, exactly.
Abu Malik: And there is no doubt that these associations, in dealing with the state's systems, must stumble. I do not say in some cases, but in many cases. Therefore, we have also seen, and this is the question I want to say should be directed to our brothers and to all our brothers present, not only to our Yemeni brothers, that we have been afflicted, and I mean we Salafis, by the fact that some of our brothers in some countries established these associations, and unfortunately, perhaps two associations are established in one country and there is no agreement between them. Why? I do not say because they differed in methodology in understanding the Islamic Shari'ah, for each of them says, "I act according to the Book and the Sunnah, as our Shaykh mentioned, and according to the understanding of the pious predecessors." But as we said at the beginning and we have been going around it, as our Shaykh mentioned and referred to my going around it, that matters must not be taken by consideration at the beginning, but rather they must be linked to a precise assessment of the beginnings and the endings. So when I place my foot on solid ground, I must also estimate that I will reach the end of the journey on solid ground that prevents me from falling, so that I reach the goal I want. But hardly does this association or that one get established until discord creeps in and disputes arise between the brothers in both associations together. This is one association and that is another association. So why, then, is there this difference? We have seen this as a clear reality in our Islamic world among our brothers who are on the methodology of the Book and the Sunnah. And this is nothing but for these two reasons we mentioned, that it is not possible, under the current systems, for associations to be established in which full legitimacy is realized, binding the association to the rulings of Islamic law.