Ruling on One Who Does Not Pay Zakat.

I work with a man who does not pay zakat. On the day that zakat is to be paid, he even flees from the city where he lives so that he will not be disturbed by those who are collecting zakat. What is the ruling on this man? Is he a kaafir and apostate, or what? [Find your answer here…..]

Question
I work with a man who does not pay zakat. On the day that zakat is to be paid, he even flees from the city where he lives so that he will not be disturbed by those who are collecting zakat. What is the ruling on this man? Is he a kaafir and apostate, or what?

Answer
The one who does not pay zakat either believes that it is obligatory or he does not. If he does not believe that it is obligatory, then he is a kaafir according to the consensus of the Muslims, because he is denying something that no Muslim has any excuse for not knowing. If he believes that it is obligatory but he does not pay it because he is stingy, then he is not a kaafir according to the majority of scholars, but some of the scholars are of the view that he is a kaafir.

Ibn Qudaamah said in al-Mughni (2/228): “Whoever denies it out of ignorance, and he is ignorant of it because he is new in Islam or because he grew up in a remote area far from the cities, should be informed that it is obligatory and should not be regarded as a kaafir, because he is excused. But if he is a Muslim who grew up in a Muslim land where there are a lot of scholars, then he is an apostate to whom the rulings on apostates apply: he should be asked to repent three times; if he repents, all well and good, otherwise he is to be executed, because the evidence that zakat is obligatory is clearly stated in the Qur’an and Sunnah and the consensus of the ummah, and it can hardly be unknown by someone in his situation. If he denies it, that can only be because he is denying the Qur’an and Sunnah and does not believe in them.”

If he withholds it although he believes it is obligatory, and the ruler is able to take it from him, then he should take it and punish him (ta’zeer), but he should not take any more than the zakat that is due, according to the view of the majority of scholars, including Abu Hanifah, Maalik, al-Shafi’i and their companions.

Ishaq ibn Rahawayh and Abu Bakr ‘Abd al-‘Azeez said: He should take it and half of his wealth…

But if the one who is withholding zakat is beyond the ruler’s reach, he should fight him, because the Sahabah (the Prophet Companions) fought those who withheld it. Abu Bakr al-Siddiq said: If they withhold from me a rope that they used to give to the Messenger of Allah (in zakat), I will fight them for it. End quote.

The scholars of the Standing Committee were asked:
In a previous issue you wrote that if a person fasts but does not pray, his fasting is not valid but now are you saying the opposite: that if a person prays but does not fast, his prayer is still valid? If a person does not pay zakat but he prays, is his prayer still valid? If a person does Hajj but does not pray, is his Hajj still valid?

They replied:
If a person does not fast Ramadhan because he denies that it is obligatory, he is kaafir and his prayer is not valid. The one who does not do it deliberately and out of carelessness is not a kaafir according to the more correct view, and his prayer is still valid. The one who does not give the obligatory zakat because he denies that it is obligatory is a kaafir and his prayer is not valid, but the one who does not do it deliberately and out of carelessness is not a kaafir and his prayer is valid. The same applies to Hajj; if a person does not do it because he denies that it is obligatory altogether he is a kaafir, but the one who does not do it although he is able to because of carelessness is not a kaafir and his prayer is still valid. End quote.

Fataawa al-Lajnah al-Daa’imah (10/143).
Shaykh Ibn ‘Uthaymeen said concerning zakat: It is obligatory according to the consensus of the Muslims. Whoever denies that it is obligatory is a kaafir, unless he is new in Islam or grew up in a remote area far from knowledge and scholars, in which case he is excused, but he should be told. If after he is told about it he still denies it, then he is a kaafir and an apostate. As for the one who withholds it out of stinginess and carelessness, there is a difference of opinion among the scholars. Some of them said that he is a kaafir, and this was one of the two views narrated from Imam Ahmad. Others said that he is not a kaafir, and this is the correct opinion, but he has committed a major sin.

The evidence that he is not a kaafir is the hadith of Abu Hurayrah, according to which the Prophet mentioned the punishment of the one who withholds zakat on gold and silver, then he said: “… until judgment has been passed among all people, then he will be shown his path, either to Paradise or to Hell.” If it is possible that he may be shown his path to Paradise, then he is not a kaafir, because the kaafir cannot be shown his path to Paradise. But the one who withholds it out of stinginess or carelessness is committing a great sin which Allah mentions in the verse (interpretation of the meaning):

“And let not those who covetously withhold of that which Allah has bestowed on them of His Bounty (wealth) think that it is good for them (and so they do not pay the obligatory Zakat). Nay, it will be worse for them; the things which they covetously withheld shall be tied to their necks like a collar on the Day of Resurrection. And to Allah belongs the heritage of the heavens and the earth, and Allah is Well‑Acquainted with all that you do” [Al-Quran, Surah Ali-‘Imran, verse 180]

End quote from Majmoo’ Fatwa al-Shaykh Ibn ‘Uthaymeen (918/14).

Those who are careless about paying zakat should be advised and reminded of how important it is and should be told of the texts which warn against being stingy in paying it.

And Allah knows best.

Source: Islam Question & Answer

A Person Who Offers Salah but Does Not Pay Zakat?

What if a man who testifies that there is no God but Allah and offers the Salah (prayer), but does not pay the Zakat?

Question:
What if a man who testifies that there is no God but Allah and offers the Salah (prayer), but does not pay the Zakat?

Answer:
Zakat is one of the pillars of Islam and if one gives it up, denying that it is obligatory, then its rulings should be explained to them. If however they still refuse to pay the Zakat they are considered to be a disbeliever and after they die, Funeral Prayer should not be offered for them nor should they be buried in the Muslim graveyards.

However, if one abandons paying Zakat out of miserliness while believing that it is a religious obligation, they will be committing a major sin, but they are not to be considered disbelievers. If they die in this case, their body should be washed and the Funeral Prayer should be offered for them, and Allah may punish or forgive them on the Day of Resurrection.

To make things clear, when a Muslim has the Nisab (minimum amount on which Zakat is due), it is unlawful for them to not to pay Zakat, even if they are in need of that money, as the need is not an excuse for refusing to pay the Zakat. This way, if it ever happens that one day they themselves are in need of money and deserve to be given Zakat, they can receive Zakat funds from others in a way that meets.

Delaying Zakat for Four Years?

A person did not pay zakat for four years; what is incumbent upon him? Answers: As all Muslims should know, zakat is a duty that will not fall until it is executed. The delay in paying zakat mostly either because of the loss of wealth or maybe because of own ignorance.

A person did not pay zakat for four years; what is incumbent upon him?

Answers: As all Muslims should know, zakat is a duty that will not end until it is executed. The delay in paying zakat mostly either because of the loss of wealth or maybe because of own ignorance.

This person has sinned by delaying the payment of his zakat because it is incumbent upon a person to pay zakat as soon as it becomes obligatory, and not to delay it, because the basic principle regarding obligations is that they are fulfilled immediately.

There is also no disagreement among scholars that the person must settle the payment of zakat that is delayed for every expiration year whether is one or four haul (year). Anyone who has accumulated-delay in his wealth of four zakat payment while his condition is still alive must then be paid off all zakat by yearly at the required rate (depends on the type of wealth; if its zakat on money then the rate is 2.5%).

According to Shaikh Mohammad bin Salih Al-‘Uthaimeen in Fatawa Arkanul Islam; this person should repent to Allah, the Almighty, the All-Powerful for this act of disobedience and he must pay the zakat for all the previous years, and nothing is omitted from that zakat; rather he must repent and pay it quickly, so that he does not increase his sin by delaying further.

Denying Zakat Equals Denying Faith

Malik said that a collector wrote to ‘Umar bin Abdul Aziz complaining about a man who refused to pay zakat. ‘Umar wrote that he should leave him alone and not take his zakat from him with the other Muslims. When the man heard of this, he felt pained and paid the zakat on his property. The collector then wrote to ‘Umar making mention of this fact, and ‘Umar bin Abdul Aziz wrote back (asking him) to take his zakat [Refer Muwatta Imam Malik: 1/270]

Denying Zakat = Denying Faith

Malik said that a collector wrote to ‘Umar bin Abdul Aziz complaining about a man who refused to pay zakat. ‘Umar wrote that he should leave him alone and not take his zakat from him with the other Muslims. When the man heard of this, he felt pained and paid the zakat on his property. The collector then wrote to ‘Umar making mention of this fact, and ‘Umar bin Abdul Aziz wrote back (asking him) to take his zakat [Refer Muwatta Imam Malik: 1/270]

Scholars have established that denial of the obligation of zakat is equal to disbelief and apostate from Islam. Imam Nawawi said:

Anyone who does not pay zakat on the basis of denying its obligation is considered a disbeliever, except if that person is new to Islam or has lived all his/her life far from sources of information (in an isolated area, for example). In that case, he/she should first be made aware of the importance of the obligation of zakat. If he/she insists on denying it, then that is disbelief, because the obligation of zakat is basic to this religion, without which Islam becomes annulled. Whoever denies this obligation denies the words of Allah and His Messenger, and therefore is a disbeliever.” [Refer Al-Majmu’: 5/334]

This ruling is also established by Ibn Qudamah and other scholars. [Refer Al-Mughni: 2/573]

Bahz bin Hakim said:

My father told, me that my grandfather said: ‘I heard the Prophet say: With regard to grazing camels, for every forty a Bint Labbun (a two-year old female camel). No differentiation is to be made between camels when calculating them. Whoever gives it seeking reward, he will be rewarded for it. Whoever refuses, we will take it, and half of his camels, as one of the rights of our Lord. And it is not permissible for the family of Muhammad to have any of them.”‘ [Refer Sunan an-Nasa’i no. 2444]

Abu Hurairah narrated that the Prophet said:

When you pay the Zakat you have fulfilled what is required of you.” [Refer Jami` at-Tirmidhi 618]

It is proven from this hadith that the obligation due on a person is only zakat; no other compulsory levy is due on wealth, except zakat. Financial obligations and responsibilities other than zakat are not due because of wealth. Instead, they are due because of other reasons such as family and other close relations, marriage, or the payment of Zakatul-Fitr at the end of the month of Ramadan [Refer Tuhfat al-Ahwadhi: 2/2].

Bahaya Enggan Berzakat

Orang yang enggan menunaikan zakat, padahal dia berkeyakinan hukumnya wajib, maka penguasa harus memungut zakatnya secara paksa…

Assalamualaikum semua!

Seperti yang kita maklum, zakat adalah merupakan satu rukun sosial. Ia salah satu dari lima rukun Islam. Umat Islam sepakat atas kewajipan zakat. Maka, bila ada orang yang mengingkari, ia dianggap kafir dan wajib ditentangi. Namun bagi orang yang enggan menunakan zakat padahal ia berkeyakinan zakat hukumnya wajib, dia menganggung dosa namun tidaklah murtad.

Zakat adalah salah satu kewajipan yang disepakati umat dan salah satu keharusan penting dalam agama. Bila ada orang yang mengingkari kewajipannya maka ia tergolong dalam golongan murtad dan wajib diperangi, kecuali jika dia baru memeluk agama Islam. Bagi saudara/saudari baru Islam, ia dimaafkan kerana tidak mengetahui hukumnya.

Sementara itu, orang yang enggan menunaikan zakat, padahal dia berkeyakinan hukumnya wajib, maka penguasa harus memungut zakatnya secara paksa dan mengenakan denda. Dan jumlah harta yang dirampas tidak boleh melebihi zakat yang diwajibkan, kecuali menurut sesetengah pendapat seperti Imam Ahmad dan ulama Mazhab Syafi’i yang mengatakan setengah dari harta harus diambil secara paksa sebagai hukuman kepada yang enggan. Bahz bin Hakim meriwayatkan dari bapanya bahawa datuknya berkata:

“Saya mendengar Rasulullah SAW bersabda: “Dalam setiap unta yang mencari makanan sendiri, bagi setiap empat puluh ekor maka satu bint labun (unta betina 2 tahun) sebagai zakat, unta-unta itu tidak dipisahkan semasa hitungannya. Sesiapa yang memberikan ia untuk mendapatkan pahala, maka akan diberikan pahala untuknya. Sesiapa yang enggan, maka kami mengambilnya beserta separuh daripada unta beliau, sebagai salah satu daripada hak-hak Tuhan kami. dan tidak halal sedikit pun darinya untuk keluarga Muhammad.” (HR dalam Sunan Nasa’i)

Jika ada sekelompok kaum yang enggan menunaikan zakat padahal mereka berkeyakinan hukumnya wajib dan mereka memiliki kekuatan, maka mereka harus diperangi sehingga mahu menunaikan zakat. Diriwayatkan dari Ibn Umar bahawa Nabi SAW bersabda:

“Aku diperintahkan untuk memerangi manusia sehingga mereka bersaksi bahawa tiada Tuhan (yang berhak disembah) selain Allah dan Muhammad itu adalah Rasul-Nya, mereka mendirikan solat dan menunaikan zakat. Bila mereka melakukannya maka mereka telah menjaga darah dan harta mereka dariku kecuali berdasarkan hak Islam. Dan hisab amalan mereka adalah dalam urusan Allah SWT” (HR Bukhari)

Golongan Yang Mengingkari Zakat

Hukum orang yang enggan menunaikan zakat dbahagikan kepada dua golongan:

  1. Golongan yang mengingkarinya sebagai kewajipan syar’i – Golongan ini perlu diteliti terlebih dahulu. Bila yang bersangkutan tidak mengetahui dalil-dalil kewajipan zakat kerana baru memeluk Islam maka mereka tidaklah menjadi kafir. Mereka harus mempelajari hukum-hukum Islam dan kewajipan zakat. Namun apabila terus mengingkari kewajipan zakat, mereka adalah golongan murtad dan harus diperangi sehingga mahu menunaikan zakat. Adapun sekiranya mereka sudah tahu hukum-hukum Islam namun mengingkari kewajipan zakat, mereka diberi waktu selama tiga hari untuk bertaubat dan berjanji agar tidak mengingkari kewajipan zakat itu lagi. Sekiranya mereka tetap mengingkarinya, mereka termasuklah dalam orang-orang kafir dan harus ditentangi. Mereka diputuskan kafir kerana dalil-dalil wajibnya zakat dalam al-Quran, hadith dan ijmak. Sesiapapun yang mengingkarinya, bererti dia ingkar atau kafir terhadap al-quran dan hadith.
  2. Golongan yang enggan menunaikan zakat tetapi yakin hukumnya wajib – Golongan kedua ini berdosa, tetapi tidak kafir. Pemimpin negara Islam harus memungut zakatnya secara paksa kemudian diberi hukuman keras agar insaf. Hukumannya boleh berupa pungutan paksa separuh daripada hartanya selain zakat.

Wallahualam..