Can a company channel its Zakat to the establishment of Tabung Syria.
Decision:
Zakat is an obligation carried out under the supervision of the ruler. It is the absolute responsibility of an Islamic ruler to manage its collection and distribution.
This is based on the decree of Allah SWT in Surah at-Taubah ayat 60 which means:
The alms are meant only for the poor and the needy and those who are in charge thereof, those whose hearts are to be reconciled, and to free those in bondage, and to help those burdened with debt, and for expenditure in the Way of Allah and for the wayfarer. This is an obligation from Allah. Allah is All-Knowing, All-Wise.
In interpreting this Surah, Imam ar-Razi opined it denoted that collection and distribution of Zakat must be enforced by the ruler. Allah SWT has decreed a certain rate from Zakat for al-Amilin. Therefore, Zakat collection and distribution must be to managed by Amil appointed by a ruler and given authority to do so.
There have been queries on whether Zakat can be paid directly to Asnaf. Syariah has provided a solution for this. Dr. Yusuf Qaradhawi opined that the ruler may allow some flexibility to wealth owners to distribute one third or one quarter of his/her Zakat amount. It accords freedom to people who would like to give Zakat to close family members or neighbours who are in need.
This approach is based on Rasulullah SAW’s ordering a Zakat assessor to leave one third or one quarter of the overall amount with the wealth owner. The Hadith relied upon is:
عَن سَهْلِ بن أبى حَثْمَةَ قَالَ; قَالَ رَسُولُ الله ; إِذَا خَرَصْتُمْ فَخُذُوا وَدَعُوا الثٌّلُثَ، فَإِن لَمْ تَدْعُوا الثُلُثُّ فَدَعُوا الرُبعَ
Which means:
“Sahl bin Abi Hathmah came to a gathering of ours, and he narrated that the Messenger of Allah would say: “When you make an assessment, then take it and leave a third, if you do not leave a third, then leave a quarter.”
Ibnu Hiban proposes 2 interpretations of “leave a third”. First, that it refers to Usyur (tamar on which Zakat has been assessed). The second interpretation is that one third or a quarter of the tamar fruit be removed before assessing Zakat amount.
This Hadith proves the validity of the act of wealth owners distributing Zakat on their own. However, Dr. Yusuf Qaradhawi is of the opinion:
That such management by individuals may not exceed one third of the total wealth that is subject to Zakat due to Hadith saying that one third is a sufficient amount.
SUMMARY:
A company that wishes to distribute Zakat is bound to the rate of one third. The remaining balance must be paid to the authorities — which in Selangor is LZS — to be managed accordingly.
A recent example is the payment of one third as Zakat to war victims in Syria via RescueSyria MAPIM. This is allowed and the Muslim communities worldwide should lend a helping hand. Any costs involved in doing so however must be borne by the company and cannot be paid out of the Zakat as RescueSyria MAPIM is not a ruler-appointed Amil.
Transferring of Zakat wealth is only allowed if it greatly benefits the Muslim community. This was practiced by Zakat collectors who brought their wealth to Rasulullah SAW and his successor khulafa ar-Rasyidin.