Question
A muhtamim (principal) saaheb has designed a system where on the application form is written a condition that the student makes the muhtamim saaheb his wakeel for accepting Zakaat. It is implicitly understood that the muhtamim saaheb may spend the Zakaat monies as he sees fit for the expenditure of the institution. The Zakaat condition is written among various other items on the form, and the student signs and submits this form to the institution. Thus on behalf of those baaligh students who are eligible to receive Zakaat and have signed this form which states that they have made the muhtamim saaheb their wakeel for accepting Zakaat on their behalf, the muhtamim saaheb accepts Zakaat from people. To the people who entrust their Zakaat with him, it is said that because the muhtamim saaheb is the students' wakeel, the Zakaat is discharged as soon as the money reaches the muhtamim saaheb. The muhtamim saaheb then spends this Zakaat money on the expenditures of the institution, including boarding and food for the students, teachers' salaries, and other expenditures. However, Zakaat monies are not delivered in cash or items directly to the students. The Zakaat funds are spent on expenditures. A few additional points: In general, the muhtamim saaheb is a trustworthy person. Lavish/unnecessary expenditures are not made at the institution it appears. The facilities are fairly basic. Another point is that we do not know if the Zakaat condition is also explained verbally to the students who are signing the form or if they are aware of what they are signing. Or they are simply signing the entire document without necessarily being completely aware of every condition therein. We do not know what the situation is in this regard. We also do not know what they will do if a student says that he wishes to receive the Zakaat cash. In general this is not what happens though - students are not being given cash. (1) In light of the entire situation, will Zakaat be validly discharged when given to this institution or to this muhtamim saaheb? (2) If the Zakaat will be validly discharged, then is it correct as they say that as soon as the money reaches the muhtamim saaheb, the Zakaat is considered to have been discharged, even before the money is actually spent?
Answer
1) Stipulating wakaalat as a condition in the application form is incorrect and not permissible. Wakaalat is a voluntary act which cannot be imposed on anyone. The student who signs the form is under duress. He has no option but to sign. If he refuses, his application for admission will not be accepted. Thus, the wakaalat is invalid. In fact, the student in all probability is not aware of the conditions. He simply signs the admission form to gain admission to the Madrasah.
2) In view of the invalidity of the forced 'wakaalat', the muhtamim may not collect Zakaat on behalf of the students.
3) Furthermore, the actual principal in Wakaalat is the one who appoints the wakeel. It therefore follows that the wakeel may be dismissed at any time and the Muakkil (the student in this case) can demand that the money be handed to him. But in reality, the muhtamim will never do so. Thus, the system is bogus and corrupt.
4) The Zakaat obligation is not discharged if used in non -Zakaat avenues such as salaries, building expenses and the like.
It is the obligation of the community to contribute sufficient funds specifically covering the expenses of the Madrasah. But it is due to the community's failure that the Muhtamim feels compelled to resort to some stratagem for the acquisition of funds to run the Madrasah. Nevertheless, it is necessary for the Muhtamim to resort to a valid Tamleek method to enable him to utilize the funds of the upkeep of the Madrasah.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 28 No 08
- PDF page
- 1
Appears under The TnhLIS ZAKAAT - MISAPPLICATION (approximate).