Question
I would appreciate guidance on the following Zakaah -related matter concerning a welfare organization. An organization receives Zakaah funds from donors and distributes them to approved recipients on a monthly basis. The process works as follows: A committee meeting is held around the middle of each month. During this meeting, recipients are reviewed and a final decision is made regarding who will receive assistance for that month. Once approved, a specific amount is allocated to each recipient and prepared for distribution. In some cases, the money is placed in an envelope bearing the recipient's name. Actual collection or payment takes place at the end of the month. The organization acts as a wakīl (agent) for both the Zakaah donors and the recipients. The recipients have to agree to authorize the organization as a wakeel to receive and administer assistance on their behalf. My question is: If a recipient is approved at the committee meeting, and the Zakaah amount is specifically allocated and placed in an envelope under the recipient's name, but the recipient passes away before physically collecting the funds, has tamleek already taken place through the agency of the organization? If so: Does the allocated Zakaah amount become the property of the deceased recipient? Should the amount be paid to the deceased's estate/ heirs? Or should the organization withhold the funds and reallocate them to another eligible Zakaah recipient because the recipient had not yet physically taken possession of the money? In other words, does allocation of the funds to a named recipient, while the organization is acting as wakīl for both parties, constitute sufficient qabdh and tamleek according to the Hanafi madh-hab?
Answer
Firstly, the organization is not the wakeel of the recipients for whom the Zakaat is allocated. The organization is the wakeel of only the Zakaat donors. As long as the faqeer has not taken possession of the funds, tamleek does not take place. The organization may give the amount to any other faqeer/miskeen.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 28 No 09
- PDF page
- 19
Appears under THE ZAKAAT ORGANIZATION (approximate).