Question
A divorcee with 3 children remarries. Her ex-husband is still alive and pays his children Nafkah. One of the children is furthering his/her studies and needs assistance. The new husband wishes to withdraw part of his Zakat for Asnaf Fisabilillah to be given to the stepchild. Is that stepchild his dependant who is liable to receive Nafkah? Is that Zakat valid?
Decision
Based on the translation of Kifayah Al-Akhyar Fiqh Al-Imam As-Syafi’e on page 954, according to Mazhab Syafii Nafkah responsibility occurs in 3 instances:
Familial Nafkah responsibility is from biological parents to their young biological children who do not have any income or from grown-up biological children to their aged parents who do not have income.
A stepfather is not obligated to pay Nafkah to a stepchild as there is no familial (al-Qarabah) ties. Therefore, a stepfather can withdraw part of his Zakat to be given to his stepchild under Asnaf Fisabilillah.
Reference : Matter 14, Compilation of Syariah Questions Records January - June 2018, approved by the LZS Shariah Advisory Committee Meeting