KAFILAH (Study of Muamalah Fiqh) 1
FIQH ZISWAF
(zakat, infaq, shadaqah, waqf)
Imron Mawardi, Dr., SP., MSi
- Definition of zakat: Something that can grow and develop, that can provide blessings in the treasure and can purify oneself.
- Position of zakat:
- As a determinant of whether someone is of the same religion or not.
- It is a pillar of Islam.
- The command for zakat is combined with the command for prayer 82 times in the Koran.
3. The legal basis for zakat is At-Taubah verse 103, which means: "Take zakat from some of their wealth, with that zakat you cleanse and purify them, and pray for them. Indeed, your prayer is (becomes) peace of mind for them. And Allah is All-Hearing, All-Knowing."
4. Fiqh issues in zakat administration:
- The forms of property and their relative sizes and prices have changed greatly since the time when the rules regarding zakat were established, so that if zakat administration is only based on classical fiqh rules there will be inconsistencies and unfairness.
- The zakat administration considers it important to have ijtihads that can handle this development, which answer 4 things: What is the scope of zakat (the object of zakat); From whom zakat is collected (subject of zakat); By whom is zakat administered ('amil); To whom is zakat distributed (mustahiq).
5. The object of zakat is implied in Surah Al-Baqarah verse 267: "O you who believe, spend (in the way of Allah) a portion of the good results of your efforts and a portion of what We bring out of the earth for you ." and don't choose the bad things and then spend on them, even though you yourself don't want to take them but by narrowing your eyes towards them. And know that Allah is Most Rich, Most Praiseworthy."
6. According to Abdul Kholiq An-Nawawi in An-nidhomul Maal fil Islam, the objects of zakat consist of:
- All treasures that contain the will of fertility and growth
- All types of plants and fruit that have economic value
- All kinds of treasures removed from the bowels of the earth
- Salary, honorarium, service fees and all lawful income
7. The conditions for assets that must be given zakat:
- Al-Maliyah/Al-iqtishodiyah (economic) elements
- An-Nama'/ Al-Istinma' (productive)
- Al-Milk al-Tam (Perfect Belonging)
- Khorij 'an al-hawaij al-ashliyah (beyond primary needs)
- Tamam al-Nishab (Perfect nishab)
- As-salamat min ad-daini (safe from debt)
- Haulan al-haul au tamam al-hashad
- Zakat on the acquisition of assets
- Zakat on stored assets.
8. Examples of plant zakat:
- Zakat is imposed on all property of economic value.
- Types of Indonesian plants that have economic value (Albaqarah (2) :267)
- Grains: corn, rice, green beans, ground beans etc
- Tubers and vegetables; potatoes, cassava, onions, chilies, cabbage, etc
- Fruits; coconut, banana, orange, etc
- Decorative plants
- Perennials
- Grass; bamboo, lemongrass,
- Leaves; tea, tobacco.
9. Three parties involved in "zakat":
a. Muzakki: People who give zakat because they have acquired assets, and/or keep assets that have reached the haul and nisab.
b. Amil zakat: Agency/Institution that collects and distributes zakat from muzakki to mustahik.
c. Mustahik: People who are entitled to receive zakat – At-Taubah verse 60 (Fakir, Poor, Amil, Muallaf, Riqab, Gharimin, Fisabilillah, Ibnu Sabil).
10. Distribution of zakat:
a. Zakat is divided into 8 ashnaf à As-syafi'I
b. Zakat may be given to only one group of "those who need it most" à Abu Hanifah, Malik, Ahmad, Ikrimah, Umar bin Abd Aziz, Hudzaifah, Ibn Abbas, etc.
c. Depends on the policy of the Imam (government) à Abu Yusuf, Abu Ubaid, Shawqi Ismail Sheetah
d. Zakat may be given to only one person, Abu Hanifah
e. According to Al-Qurtubi : there has been no certain and fixed way, since the time of Rasulullah and Khulafaur Rosyidin, regarding the distribution of ashnaf zakat. The basis of the policy is PRIORITY.
f. In discussions by scholars in Egypt in 1950, there was no obligation to distribute zakat to all ashnaf . Abu Zahroh believes that the government must set policies according to the benefit. Same opinion: Ibn Abbas and Ibn Jarir, and it is said that it is ijma' ulama'
g. Sayyid Sabiq in Ar-roudoh an-Nadiyah: giving all zakat to one group only does not conflict with At-Taubah 60. Specialization is only for the recipient, not his share
Therefore, giving zakat to those who need it more/benefit/priority. According to Sabahaddin Zaim : with the priority method, zakat becomes an effective tool for carrying out allocative and distribution functions in fiscal policy - zakat budget surplus (revenue> distribution)
11. How is zakat distributed?
Zakat can be paid in cash and in kind (in kind) in the form of production equipment, primary equipment, replacement equipment (Shawki Ismail Shehatah).
a. Umar bin Khottob once distributed zakat in the form of goats for development
b. The Prophet once gave zakat of 2 dirhams with the message of 1 dirham for food and 1 dirham for buying an ax as a work tool
c. Hanafis allow the distribution of zakat in the form of qimah (exchanging zakat objects for other objects or money) for the following reasons:
1. that qimah includes mal (khudz min amwaalihim…. And the Prophet's explanation (fii kulli arbaiina syatan, syatun (for every 40 goats the zakat is a goat).
2. Thawus Al-Bukhori hadith: Mu'adz said to the people of Yemen "Give me (as zakat) items of robes and other clothing in exchange for zakat on poetry and corn whichever is easier for you and better for the companions of the prophet in Medina" (Yemen is famous for its textile industry)
d. Zakat given to mustahiq (individuals and bodies) is not in the form of goods that are directly consumed, but in the form of goods that are used for productive purposes. For example: for the poor
1. This zakat can be given directly to the poor or through supporting agencies
2. It can be used for consumers who are physically weak, and productive for those who are financially weak, either as working capital, shares, etc. in the hope that the poor will become empowered and move from mustahiq to muzakki.
12. Function of zakat:
- Wealth distribution mechanism
- As an economic policy instrument
- Instruments to increase mustahik consumption
- As an indicator of prosperity
- As an instrument in narrowing social disparities
- Encouraging the short-term and long-term economy.
- As an economic controller.
