THE DYNAMICS OF ZAKAT DISTRIBUTION ACCORDING TO SHAFI I SCHOOL OF LAW (MADHHAB) IN FATWAS OF TERENGGANU STATE

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1 International Journal of Civil Engineering and Technology (IJCIET) Volume 9, Issue 1, January 2018, pp , Article ID: IJCIET_09_01_075 Available online at ISSN Print: and ISSN Online: IAEME Publication Scopus Indexed THE DYNAMICS OF ZAKAT DISTRIBUTION ACCORDING TO SHAFI I SCHOOL OF LAW (MADHHAB) IN FATWAS OF TERENGGANU STATE Wan Zulkifli Wan Hassan Pusat CITRA Universiti, Universiti Kebangsaan Malaysia, UKM Bangi, Selangor, Malaysia Ezad Azraai Jamsari (Corresponding Author) Center for The Middle East and Nusantara, Faculty of Islamic Studies, Universiti Kebangsaan Malaysia, UKM Bangi, Selangor, Malaysia Nazri Muslim Pusat CITRA Universiti, Universiti Kebangsaan Malaysia, UKM Bangi, Selangor, Malaysia Jamsari Alias Pusat CITRA Universiti, Universiti Kebangsaan Malaysia, UKM Bangi, Selangor, Malaysia Zulkifli Mohamad Pusat CITRA Universiti, Universiti Kebangsaan Malaysia, UKM Bangi, Selangor, Malaysia Center for Contemporary Fiqh and Shariah Compliance, Faculty of Islamic Studies, Universiti Kebangsaan Malaysia, UKM Bangi, Selangor, Malaysia ABSTRACT A systematic and efficient zakat implementation system is able to alleviate and eradicate poverty. Among the objectives of zakat being made obligatory is to fulfill the spiritual demands and socio-economic needs of Muslims, including those receiving zakat or asnaf. This objective is not achievable if zakat distribution administration does not follow appropriate specific rules and procedure. Thus, failure to distribute zakat is regarded as a sin, offence and breach of trust in Shariah. Zakat fund distribution has to be given due attention so that its system can be seen to be more dynamic and the lives of the asnaf are more assured. However, there emerges the editor@iaeme.com

2 Wan Zulkifli Wan Hassan, Ezad Azraai Jamsari, Nazri Muslim, Jamsari Alias, Zulkifli Mohamad and question of whether distribution should be equal for every asnaf, or can one particular asnaf or some of them be accorded priority. Does the basis of distribution to the eight asnaf groups remain static or can it be based on the meaning and current significance through independent interpretation of legal sources (ijtihad)? Should the rates, allocation and target of distribution be equal or can they be based on need? Do the issues surrounding the charity tax for Muslims require an expanded and increased distribution scope? Thus, in this article, the researchers look into some fatwas issued by the Mufti s Office of Trengganu state in discussing the issues above as guidance to the Muslim community (ummah). The current research finds that adherence to the Shafi i school of law (madhhab) in Terengganu does not place restrictions on the Mufti and Fatwa Committee in making fatwa decisions concerning zakat distribution in order to harmonise with the corresponding objectives. This is because they adopt a cautious approach with openness and flexibility for the community to ensure that the distribution is based on the need to inculcate and motivate Muslims to live a religious and moral life, besides giving incentive and motivation to zakat administrators. It automatically highlights the fact that a proper distribution system of zakat fund can give more benefit to the socio-economy of asnafs in Terengganu. Keywords: Expansion; zakat distribution; Shafi i school of law; fatwas; Terengganu state Cite this Article: Wan Zulkifli Wan Hassan, Ezad Azraai Jamsari, Nazri Muslim, Jamsari Alias, Zulkifli Mohamad and, The Dynamics of Zakat Distribution According to Shafi i School of Law (Madhhab) in Fatwas of Terengganu State, International Journal of Civil Engineering and Technology, 9(1), 2018, pp INTRODUCTION The Muslim community is frequently faced with various issues and queries never before experienced. Zakat administration and procedure are consistently subject to changing circumstances in terms of collection and zakat distribution. One reason for this is that administrative and management systems undergo changes and improvement from time to time. Realizing this situation, discussion of the appropriate rules should be conducted by those who are qualified in the related fields. The fatwa institution is very much needed today due to the changing reality and situation requiring harmonization of all aspects of human life. In Malaysia, only those appointed by the Mufti and the State Fatwa Committee are authorised to decide a fatwa when a new issue emerges which requires clear and transparent rules for the society (Hasnan 2000). One of the important matters that need to be stressed in the issuing of fatwas is zakat. Zakat is one of the important sources of income for the government which needs to be managed the best way possible in terms of its collection and distribution. Fatwas on zakat are required to serve the needs of the society and country, thus the Mufti and those given authority in the fatwa institution may use various mechanisms of ijtihad in the effort to provide an answer to the issues and queries that emerge, rather than depend on or simply citing previous fatwas which may be distinguished due to differences in time, situation and place. However, should the content of every fatwa decision clearly state the basis of the rule so that each fatwa will be academic in nature? Besides that, may a fatwa decision choose not to follow the views and reasoning of the Shafi i school of law? Should a fatwa be decided according to the need of the Shariah based on the need to inculcate and motivate religious and moral lives and provide incentive and motivation to zakat managers? Thus, this study will editor@iaeme.com

3 The Dynamics of Zakat Distribution According to Shafi i School of Law (Madhhab) in Fatwas of Terengganu State look more closely into the extent of scope expansion for zakat distribution according to the Shafi i school of law that is being practised by the Mufti and the Terengganu State Fatwa Committee. Studies relating to the excellence of contemporary issues in Islamic jurisprudence and shariah studies in Malaysia are also assayed by local scholars, covering various issues such as discussion of the management of zakat distribution in the practice of fatwa in Terengganu, Malaysia (Hassan et al. 2017), the baitulmal s potential as trustee for unclaimed moneys of Muslims (Ahmad et al. 2017), as well as the challenges in fatwa management in Terengganu, Malaysia (Hassan et al. 2014). 2. FATWA PROCEDURE AND PRACTICE IN TERENGGANU The Islamic law and procedure applicable and enforced in the states in Malaysia, except for Perlis, are based on Shafi i school of law, and Terengganu is no exception. Thus, the practice of fatwa in this state has strengthened this position based on the provisions of the Shariah Law Administration of Isllamic Laws Enactment, Law No. 4 of 1955 and Section 26(1) of the Terengganu Administration of Islamic Affairs Enactment (1986) which stipulates that fatwas issued by the Mufti and the Islamic Fatwa and Malay Custom Committee shall follow the main opinions of the Shafi i school, and if it contradicts public interest, the opinión in all three other schools must be considered. If all the four schools conflict with public interest, the Mufti and Committee may issue their own fatwa using ijtihad without being bound by the four Sunni schools. The stipulation in the above enactment above shows that there is flexibility to accept opinions of other schools instead of an opinion based on a da if (weak) hadith in Shafi i school if it is found to conflict with public interest. This gives some room to the Mufti and Fatwa Committee to practice and use the views from other mainstream Sunni schools. Evidence shows that in Trengganu, fatwas are decided based on Shafi i sources of reference as in the answer given by the Terengganu Mufti in reply to a letter of enquiry to him from the Singaporean Muslim Federation. In that letter, the Muslim Federation in Singapore inquired about the scope of authority of the kathi. In giving the answer, it seemed that the Mufti considered the views of the Shafi i school in the books of Asna al-matalib Sharh Rawd al-talib Shaykh al-islam Abu Yahya Zakariyya al-ansari (SUK Trg. 90/1336, pinta fatwa al-mufti suatu soal perkara yang berkenaan dengan syariah Muhammadiah ). This is strengthened by the emergence of several Islamic scholars who held the position of Mufti in Terengganu, considering that most of them were followers of Shafi i school. According to the writer s observation, it can be said that most of the Muftis in Terengganu had an educational background from the Shafi i school. They studied under teachers from Pattani or states where the majority of the scholars were Shafi i followers in Mecca and in the Malay Archipelago, or teachers who were the students of teachers in Pattani and local teachers. However, some of them studied in the Middle East and were exposed to the ideas of tajdid (new change) (Wan Zulkifli 2009). 3. THE DYNAMICS OF ZAKAT DISTRIBUTION BASED ON THE PRACTICE OF SHAFI I SCHOOL IN TRENGGANU FATWAS In Shafi i school, zakat distribution for asnaf is based on the statement of Imam Shafi i in a discussion of qism al-sadaqat (zakat distribution). He drew a comparison between the distribution order as commanded in al-tawbah, verse 60 and the division of inheritance property to every living heir in al-nisa, verse 11, based on the specified proportions. This indicates that zakat collected must be distributed to every asnaf without any amendment, but the allocation of the asnaf may be increased if any other asnafs cease to exist, as evident in the editor@iaeme.com

4 Wan Zulkifli Wan Hassan, Ezad Azraai Jamsari, Nazri Muslim, Jamsari Alias, Zulkifli Mohamad and inheritance system. Thus, al- Ani (1999) classifies zakat distribution into three categories as follows: Distribution based on personal needs such as poor and destitute people, slaves, debtors and ibn al-sabil. Distribution based on the need to inculcate and motivate people to lead religious and moral lives such as asnaf mu allaf and fi Sabili Llah. Distribution based on incentive and motivation to zakat administrators like the amil. With this, the objective of Zakat distribution is to fulfill the responsibility for the rights and development of the asnaf such as upgrading their socio-economy, education and spirituality. In addition, zakat distribution is to enhance and defend the status and dignity of the ummah by way of helping and implementing programs, schemes, projects and efforts to elevate the laws of Islam (al-qaradawi 2000). 4. REALITY, UNDERSTANDING AND PROSPECT OF ZAKAT DISTRIBUTION ACCORDING TO SHAFI I SCHOOL IN FATWAS FOR ZAKAT IN TRENGGANU In this discussion, the writers put forth four main zakat distribution issues and the relevant views of the Shafi i fuqaha : The limitations or flexibility or openness of zakat distribution in the presence or absence of the eight groups of asnaf. The removal or cessation or continuation of distribution to asnaf which are no longer relevant in the society such as al-riqab and new reverts of Islam (mu allaf). The expansion of schemes and programs of zakat distribution to fi sabili Llah. Futuristic planning of zakat distribution management. Thus, this article will delve into fatwa decisions made by the Terengganu Mufti s Office in addressing contemporary issues above, in accordance with the practice of Shafi i school, i.e., whether or not zakat distribution can be expanded to include more progressive schemes or programs to develop the asnaf, and not merely covering charity or sustenance alone. 5. THE LIMITATIONS OR FLEXIBILITY OF DISTRIBUTION IN THE PRESENCE OR ABSENCE OF EIGHT ASNAF One of the issues raised from the paper work prepared by Y.Bhg. Dato Haji Zubir Haji Awang is about zakat that is not distributed to all asnaf. The Mufti and Fatwa Committee in studying and weighing the proposal in the above paper appeared to have taken into account the allocation and needs that exist in the society. With this, they agreed and decided that any part of the zakat that cannot be distributed as a whole, must be given to the asnaf that has the corresponding recipients (2nd Minutes of Meeting, 4th term, bil (i), 10 Ramadan 1417H corresponding with 19 January 1997). Concerning the decision by the Mufti and Fatwa Committee in the issue above, the fuqaha had debated concerning the requirement to distribute zakat to all eight asnaf. According to the views of the Shafi i followers (al-shirazi n.d.; al-ramli 1984), it is compulsory to distribute zakat, be it zakat fitrah or asset zakat, to all eight asnaf based on the verse of al-qur an in surah al-tawbah. In their opinion, the verse obliges that all the zakat is divided into all eight asnaf together with the lam tamlik, where the letter lam shows ownership, and the zakat is shared among those who are really qualified to receive zakat, together with waw al-tashrik where the letter waw shows partnership. Thus, according to editor@iaeme.com

5 The Dynamics of Zakat Distribution According to Shafi i School of Law (Madhhab) in Fatwas of Terengganu State them, it shows that the entire zakat has become theirs as a whole and they can share it among themselves. Nonetheless, according to some of the Shafi i scholars like al-ruyani and Ibn al-salah (al- Ramli 1984) zakat fitrah has to be given to three groups of people according to the hardship faced. This opinion is seen as consistent with that of the fuqaha who stated that zakat must be disseminated to one group (asnaf) alone. According to Hanafi and Maliki schools, zakat should be given to only one person from one of the groups (asnaf) (Ibn Humam n.d.; al- Buhuti 1402H; al-qurtubi 1407H). The explanation above clearly shows that the decision in the fatwa agreed by the Mufti and Fatwa Committee above is in line with the views of the majority of the fuqaha, while differences in opinion or fatwa do not lead to any friction among them. The decision made by the Mufti and Fatwa Committee in the issue above shows that they took into account the situation and circumstances at the time while simultaneously safeguarding the interest and needs of the society. Thus, the decision for the ruling is very appropriate and reasonable for the issue raised. 6. THE REMOVAL OR CESSATION AND CONTINUATION OF DISTRIBUTION TO ASNAF WHICH ARE NO LONGER APPLICABLE AND REASONS FOR IT One the fatwas related to this issue is a decision on the flexibility and continuation of zakat distribution to the mu allaf asnaf. Such a decision is made following the presentation of the paper work delivered by The Honourable Dr. Haji Zulkifli Mohammad Al-Bakri in regard to the definition of mu allaf and its limitations. The 10 th term of the Third Terengganu State Fatwa Committee Meeting met on the 13 March 2013 and agreed with the decision that the meaning of mu allaf is consistent with the views of Shafi i scholars, that mu allaf are those who recently embraced Islam. Further, the limitation of mu allaf asnaf depends on the urf proposed, which is three years. If they are still poor, the zakat granted will be under the asnaf fuqara and masakin. Once more, it is asserted that it is time for the mu allaf entitlement to be up to three years in duration only, based on current development. The decision in the fatwa above clearly shows that it is still guided by the views of Imam Shafi i based on the principle of no removal or amendment of any of the asnaf, although it was admitted that the implementation still has some drawbacks. According to Imam Shafi i (1393H), asnaf mu allaf cannot be removed or eliminated if the asnaf issue still exists. The zakat fund allocation should continue, to fund tarbiyah programs. For instance, the zakat distribution can instill confidence in Islam, and ensure security or consolidation of Islam. Compassion, sensible judgement, well-being and needs (mu allaf-friendly) of the mu allaf, and objective of inculcating and motivating to religious and moral life have become the main reasons for the sustenance of mu allaf asnaf in al-shafi i school. At the same time, however, Imam Shafi i also opined that zakat distribution is not made compulsory for asnaf mu allaf qulubuhum in any possible way. This is also the opinion of the Hanafi and Maliki schools. Here, Imam al-shafi i (1393H) based his opinion on proof from hadith that Mu`adh, who was assigned to collect zakat in Yemen from among the rich, and redistributed it to poor Muslims who lived in the same place, did not distribute zakat to the non-muslims. However, Imam Shafi i proposed that, the non-muslims may gain assistance from the al-fay fund (from war), but not zakat or donations (al-razi 1981). Earlier on in Islam, Prophet Muhammad (PBUH) made it imperative for zakat to be distributed to non- Muslims as the total number of Islamic followers at the time was fewer. The situation has changed today, where the majority of Arab people embrace Islam and the laws of Islam are synonymous with their lives editor@iaeme.com

6 Wan Zulkifli Wan Hassan, Ezad Azraai Jamsari, Nazri Muslim, Jamsari Alias, Zulkifli Mohamad and The same goes with the term the expansion of asnaf al-gharimin. It is still used when deciding a fatwa in Terengganu. This is evident from the fatwa with regard to the law of channelling zakat money to the Terengganu Family Development Foundation Self-Reliance Aid Fund or Tabung Bantuan Berdikari Yayasan Pembangunan Keluarga Terengganu. After getting some information about the concept of Self-Reliance, the Mufti Fatwa Committee had a meeting and opined that the zakat money of sinf al-gharimin can be channelled to the Self- Reliance Fund and managed based on al-qard al-hasan (6th Minutes of Meeting, 4th term, 9 Zulkaedah 1418 or 8 March 1998). The explanation of the ruling above demonstrates that the Mufti and Fatwa Committee have expanded the meaning of sinf al-gharim in the issue of zakat distribution to the rightful, deserving recipients. Scholars like Maliki, Shafi i and Ahmad held that people categorized as al-gharimin are people who are in debt and receive zakat in the interest of the society at large. Imam al-dusuqi (n.d.) mentioned that: (And he makes debts for the benefit of the society) is better said with words; and people who are in debts and spend for the benefit as admitted by Syara and not to cause any damage. Imam Shafi i (1393H) also explained: (It is said) that there are people who suffer from debt and seek to rekindle the relationship between the two parties who are fighting, and do good deeds. It was recorded that Ibn Qudamah (d.u) stated: Al-Gharimun comprises of two groups, people who are in debt to improve the situation which is to bear the asset to ease the slander and fix the relationship between two disputing parties, so the donation (zakat) can be given to him accordingly even though he is a rich man and because the asset (zakat) is taken to safeguard the wellbeing of Muslims, so he can take it although he is as rich as a soldier. The fatwa above is very appropriate with what is raised by contemporary scholars. As an example, al-qaradawi (2000) is of the opinion that among the things that can be associated with peacemakers and disputing parties are those active in social institutions like orphanages, mosques and other charitable acts seeking to cater for the needs of the society. Thus, these agencies are given the rights to be assisted using the money that comes from the public. According to him, there is no evidence that specifies al-gharimin is for people who are in debt and the disputing party as the only two parties without the inclusion of the other circumstances. He added that the adornment of al-qiyas (analogical reasoning) must be considered, enabling the following conditions to include asnaf al-gharimin, if other conditions are not included in asnaf al-gharimin (al-qaradawi 2000). To substantiate the above opinion, he cited the view of al-nawawi (1405H) from the Shafi i school with regard to the issue: According to Abu al-faraj al-sarakhsi; people who are in debt at the expense of the mosque and respecting guests, will be the same as someone who is in debt for his own wellbeing. It has been stated by al-ruyani, one of our followers, that if the money is given even to a rich person and the asset is static ( iqar) and the money cannot be spent by him because he is already rich, according to al-ruyani, this is the stance undertaken. The explanation above clearly shows that zakat money can be channelled to the Self- Reliance Fund and managed based on the al-qard al-hasan merely for the sake of those in need. This view is also consistent with that of contemporary scholars namely Wahbah and Jamjum (1985). In addition, among the examples that can be related to the elimination of the rights of distribution to asnaf is the one involving asnaf amil. The reason was an enquiry and request for fatwa from the Head of the Islamic Affairs and Malay Custom in Terengganu about the zakat money sinf amil (office collection), concerning whether or not it can be used for zakat management expenses. In response to the issue, the Fatwa Committee regarded zakat collection and distribution as a task mandated to the ruling party. Thus, the latter has the right to determine the form of editor@iaeme.com

7 The Dynamics of Zakat Distribution According to Shafi i School of Law (Madhhab) in Fatwas of Terengganu State distribution according to the society s well-being and interest. Thus, after the Mufti and Fatwa Committee had thoroughly looked into the working paper of the zakat distribution through sinf amil (office collection), the meeting agreed to decide that the zakat handed over to the office (Zakat Unit) is only distributed to seven asnaf only and the issue of sinf amil is no longer raised because zakat collectors at their respective agencies receive their salary from the Wali al-amr. What is taken by the department, comes from the profit (12th Minutes of Meeting, 4th term, 30 Muharram 1420 or 16 May 1999). The solution reached by the Mufti and Fatwa Committee in the above issue has been adapted from several opinions of the fuqaha which the fatwa referred to as fiqh sources and fuqaha opinions. According to the writers analysis, the solution referred to the discussion of the fuqaha concerning the terms and conditions of distribution to the amil. In the issue debated by Ibn Hajar, the condition for amil states that he is entitled for a zakat allocation when he no longer receives any allocation or salary from the Baitulmal (Ibn Hajar 2001). This is strengthened by a statement of al-sharbini (n.d.) who stated:.or the ruling party asks for the amil s payment to be made through Baitulmal (thus the distribution) at the time (concentrating on the asnaf) because the share for the amil is removed. The Hanbali school shares some similarities with Shafi i views as aforementioned. One Hanbali scholar named al-buhuti (1402H) who used to explain the issue above, opined that it is up to the ruling party to distribute the financial allocation, whether or not the amil is given the allocation from the source of zakat or other sources. The allocation may be stopped if it is found that the amil s work performance is below satisfactory level. He added that the amil receives his salary from the Baitulmal, so zakat allocation must be distributed to other asnaf. The Maliki school states that some of the people involved in zakat management such as the controller or custodian of zakat properties do not receive any allocation from zakat but they will receive salary from Baitulmal. However, a poor amil should be entitled for zakat allocation because he has two qualifying criteria for receiving zakat. But, he can only receive it with the consent of the ruling party (al-dusuqi n.d.). Thus, clearly the above fatwa issued by the Mufti and Fatwa Committee considered the views of the fuqaha including Shafi iyyah. Related to this, the fatwa above also places the position of the ruling party to be the most deserving party to determine the policy and methods that can and should be adopted to ensure that the collection and distribution of zakat ensure the Muslim society s well-being, needs and interests. 7. EXPANSION OF THE ZAKAT DISTRIBUTION SCHEMES AND PROGRAMS TO INCLUDE FI SABILI LLAH One of the examples of this is the fatwa issued following the question raised by Mufti Dato al-shaykh Abdul Halim concerning the distribution of zakat to students who come from welloff families. The Mufti places students and knowledge seekers among asnaf sabil Allah who are qualified to receive zakat. Thus, he asserts that zakat allocation to students comes from fi sabil Allah allocation and it will not affect any other shares of zakat as decreed by the Syarak. Thus, any students can apply for financial assistance under fi sabil Allah without having to take into consideration the family background. However, if the family is found to be financially able, it is better not to take the zakat (Soal Jawab Islam, Paper Warta Darul Iman, 12 Syaban 1424H/8 October 2003, No. 80, pg. 5). Thus, students are categorised in asnaf fi sabil Allah although the families may be rich. It does not affect other asnafs in the distribution. The answer also suggests that it is better for the students to not take the zakat. In giving the answer, the Mufti also does not highlight any sources of reference from any books and he also does not cite any views from the fuqaha'. However, in the issue above, the fuqaha especially the fuqaha from the four schools have editor@iaeme.com

8 Wan Zulkifli Wan Hassan, Ezad Azraai Jamsari, Nazri Muslim, Jamsari Alias, Zulkifli Mohamad and discussed the meaning of sabil Allah. From the writers analysis, students categorised as asnaf sabil Allah are only emphasised in the Hanafi school. In this school, there are several requested opinions about the meaning of sabil Allah in al-qur an (al-hasfaki 1386H; Zayn al- Din Ibn Nujaym. n.d.). However, the four schools collectively agreed to say that poverty and lacking the basic supplies constitute two main requirements for entitlement to be in the category of sabil Allah. Some scholars from Hanafi state that poverty is not the necessary criterion for a student to become entitled to get zakat. This is based on a statement in the book of al-bahr al-ra'iq as follows (Ibn Nujaym n.d.): Some fatwas state that a knowledge seeker is allowed to receive zakat although he or she is rich, since they dedicate themselves to find knowledge and because of this sacrifice, it is hard for them to work to sustain themselves despite their desperate need to do so. They also unanimously agree that zakat is a personal right and it cannot be allocated for the construction of mosques, road repair, hajj, jihad and things that do not indicate ownership. (al-hasfaki 1386H; Ibn Nujaym n.d.). According to the Maliki school, sabil Allah is something related to war, jihad and refers to the army s control camp and so on. This differs from the Hanafi school with regard to the concepts of jihad, pilgrimage, knowledge seekers and being taqarrub to Allah SWT. Maliki scholars opined that the zakat allocation for sabil Allah can also be chanelled to the soldiers and guards in Muslim countries although they are already rich. This view is different from the Hanafi school which does not allow all these conditions. The majority of Maliki scholars allow zakat allocation to be spent on fi sabil Allah or jihad causes like weaponry, horses, fortresses and others. They did not specify the granting of zakat for their personal needs, which is a condition in the Hanafi school (al-dardir n.d.). In Shafi i school, students are clearly not categorised as asnaf sabil Allah. This school itself does not differ much from the Maliki in terms of specifying the target group as jihad fighters in the battlefield, as well as the equipment and essentials in jihad although the jihad fighters may be rich. In this issue, the Shafi i school differs in opinion from the Maliki in two circumstances, namely; it is laid down by Shafi c i that voluntary fighters in the battlefield must not be paid fixed income from the ruling party, and the second difference is that the portion allocated for the fighters cannot be more than that reserved for poor people (al-nawawi 1405H; al-nawawi 1997). Although the Shafi c i school does not place students among the fi sabil Allah, it views that students are qualified to receive zakat allocation as long as the knowledge studied are permitted in Syara. This is clearly stated by Ibn Hajar al-haytami in his fatwa as follows (Ibn Hajar al-haytami n.d.): (Asked) Is it possible for a student who is busy learning Syara to buy the books and the necessities in his learning from the zakat allocation? (Ibn Hajar answered), those who are busy earning halal income that is appropriate to him or her and can cater for his or her own needs and expenses in learning Syara or Quran without sunat practices in his or her acts of worship, he or she should take the zakat as much as he or she needs it and which fits his or her age. The asset will become his or hers and they can then manage the asset to buy books related to Syara and relevant tools or equipment. Meanwhile, Hanbali shares the same opinion with Shafi i in terms of the definition of sabil Allah which means volunteers who fight and do not receive salary from the government or those who have salary but it is still not enough for them to go out and fight. Thus, the zakat can be given to them (zakat allocated for war-related activities or requirements), although they are financially able. The same goes for those on guard at the state borders (Ibn Qudamah n.d.; al-buhuti 1302H). According to Hanbali, the authority (not asset owner) can apply the zakat to fulfill the requirements of war equipment like horses, ships and so on for jihad as well as everything considered for the well-being and security of the masses (Ibn Qudamah n.d.; al-buhuti 1302H). Further, in terms of performing hajj, there are two narratives from editor@iaeme.com

9 The Dynamics of Zakat Distribution According to Shafi i School of Law (Madhhab) in Fatwas of Terengganu State Imam Ahmad bin Hanbal, firstly; the narrative that has the same opinion with the Hanafi school which is that hajj is also included in the category of sabil Allah granted to the poor, while the second narrative states that it is not included in sabil Allah (Ibn Qudamah n.d.). There are some scholars, previous or contemporary ones, who have expanded the meaning of sabil Allah. The definition not only specifies jihad and the things relevant to it, but it can also be associated with all the things involving wellbeing, taqarrub and good deeds. The reason, according to al-qaradawi (2000), is that jihad in Islam is not limited to only war, weapons and fighting but using assets, works, ideas, energy and so on, are included as sabil Allah. Therefore, according to him, if the definition of jihad is not included in sabil Allah, then using ample evidence, it becomes compulsory to use al-qiyas (analogical reasoning) to relate to the meaning of jihad. From the explanation above, it can be concluded that it is better for Muslims to distribute zakat under various activities that can elevate the laws of Islam (sabil Allah) including students (both poor and rich) who seek beneficial knowledge voluntarily for their own and society s good. With that, the decision made by the Mufti above appears to take into account views that expand the meaning of sabil Allah and allow zakat to voluntary fighters although they may come from a wealthy background. Back to the Mufti s answer above which categorises students within the meaning of sabil Allah, it seems more in line with the Hanafi school. This is because Maliki, Shafi i and Hanbali do not explicitly mention that students are included in the category of sabil Allah. However, the Mufti states that the student s family does not have to be poor to enable him to be qualified to accept zakat, and this differs with the Hanafi school. From another angle, it adheres with Shafi i opinion that enables Muslim students to take zakat to pay for his studies although the student is not under the category of sabil Allah. Thus, the view of the Mufti above seems to reflect the flexibility of fatwa when it involves public interest or well-being and applicable to today s situation. 8. FUTURISTIC PLANNING OF ZAKAT DISTRIBUTION MANAGEMENT ZAKAT FUND INVESTMENT Y.Bhg Dato Haji Zubir was asked concerning the issue of zakat investment in financial or investment institutions. After the Mufti and Fatwa Committee deliberated upon the proposal in the paper above, they agredd and decided that it is not compulsory for the money to be invested in financial centers or investment institutions because someone will have his zakat obligation fulfilled when the zakat reaches the rightful recipient. The authority of the wali alamr represented by the Religious Department serves as the implementer of this mandate (yad amanah) which is to collect zakat from the owner and to deliver it to the rightful recipients. If the money is channelled elsewhere, it means that zakat paid by the owner is held back or stopped mid-way and does not reach the deserving recipients (2nd Minutes of Meeting, 4th term, no (ii), 10 Ramadan 1417H or 19 January 1997). The decision made by the Mufti and Fatwa Committee in this issue does not refer to any source of reference or views of the fuqaha, although in their fatwa there are Arabic words wali and yad amanah which appear to reflect the source of reference from fiqh books. With regard to zakat money invested in the financial or investment centers, there are several reviews from fuqaha which are relevant to this issue. In general, there are three forms of zakat investment. The first is zakat investment handled by those deserving of the zakat (mustahiq) after they have received the zakat accordingly. In this matter, scholars have unanimously stated that shara allows investment of the asset because it has become theirs. This means that they have the right to do anything with that asset (al-shirazi n.d.; al-ramli n.d.; Abu Muhammad n.d.) editor@iaeme.com

10 Wan Zulkifli Wan Hassan, Ezad Azraai Jamsari, Nazri Muslim, Jamsari Alias, Zulkifli Mohamad and The second is zakat investment by the asset owner before zakat is extracted. In this case, the scholars state that this kind of investment is disallowed. The reason is that the zakat must be paid immediately and it needs to be distributed promptly to the asnaf. The conclusion is that the scholars agree that the owner of the asset must immediately pay off the zakat when the terms give rise to the obligation and it is forbidden to make any kind of investment on the zakat (al-sarakhsi n.d.; Malik n.d.; al-nawawi 1997; al-nawawi 1405H; al-ansari n.d.; al- Maqdisi 1418H). Next, the third form is the zakat invested by the ruling party, or amil of the zakat or any agencies authorised to handle the zakat. In this case, past scholars did not discuss it directly or make any decision about it. However, the present scholars have discussed it and given their views. They are divided into two groups; first of all, the scholars assert that the zakat cannot be invested. This view is put forth by Wahbah al-zuhayli, Abd Allah Ilwan, Muhammad Ata al-sayyid and Shaykh Muhammad Taqi al- Uthmani. And the second group of scholars assert that the zakat needs to be or can be invested. They are Yusuf al-qaradawi, Abd al- Aziz al-khayyat, Salam al- Ubadi, Shaykh Abd al-fattah Abu Ghaddah, Muhammad Salih al-farfur, Hasan Abd Allah al-amin and Muhammad Faruq al-nabhani (Decision of Majma al-fiqh al-islami in the third seminar held in Kuwait dated 8-9 Jamadil Akhir 1413H or 2-3 December 1992 as stipulated on 2nd July 1986 in the 3rd seminar). However, at the end of the discussion, scholars ccame to a consensus that basically, the zakat asset cannot be invested except under the following conditions (The decision of Majma al-fiqh al-islami in the third seminar held in Kuwait dated 8-9 Jamadil Akhir 1413H or 2-3 December 1992 as decided on 2nd July 1986 in the 3rd seminar): When there is no more immediate sustenance that must be given through zakat. The investment must be done properly, consistent with the requirements of the Syara. There is a guarantee that the zakat property invested is still the zakat property and so is the profit. When there is an urgent need such as zakat needs to be distributed quickly, the asset that becomes the capital for investment must be easy to liquidify. We need to conduct a detailed study of investments using zakat so that we ensure the investment or trade is secured and liquidified when necessary. The prior permission and approval from the ruling party or any party responsible for zakat must be obtained. The aim is to preserve the policies of the Shariah and ensure the investment is handled by an agency or a special committee experienced in investment and trustworthy. Based on the writers analysis, the debate about zakat investment by the ruling party can be related to the discussion of past scholars about traded zakat property. Imam al-nawawi opined that there are differences in the views among Shafi i scholars about the zakat property being traded. According to most of Shafi i scholars concerning the actions of the ruling power or those involved with zakat, selling it would be forbidden if there is no urgent need (daruri) and the distribution needs to reach those who deserve to receive it. Thus, the government cannot sell the zakat without asking the prior permission of zakat payers who are matured and qualified but have no control over it. Imam al-nawawi (1997) did mention about this issue in the book al-majmu' as follows: Our scholars have stated; it is not compulsory for the ruling party and the people who manage the zakat to sell it without any urgent need, but it must be channeled to the zakat payers who are mature and qualified, with no control over it, so it cannot be sold without asking for their permission editor@iaeme.com

11 The Dynamics of Zakat Distribution According to Shafi i School of Law (Madhhab) in Fatwas of Terengganu State In al-rawdah, al-nawawi (1405H) explained about this issue clearly as follows: It is not compulsory for the ruling party or anyone tasked to manage the zakat distribution to sell the zakat property and it even needs to be channeled directly to those who deserve it especially in cases of emergency (an unavoidable interest) then it can be sold. This is different from the view of Imam al-bughawi. According to him, the ruling party has the right to manage the collected zakat from those obliged to pay zakat whether they are sellling it or not. If the ruling party takes the action in selling the asset, thus it is rightful to distribute the zakat in the form of price and not in the form of the item (original zakat property) (al-nawawi 1405H). This is seen as similar to the opinion of the Hanbali school which states that trading is allowed if it is blessed by Allah (al-mardawi n.d.). Regarding the views of the Mufti and Fatwa Committee that the duty of the Religious Department is as one who holds the mandate yad amanah, which is to bear the responsibility mandated, this can be seen in several statements from the fuqaha in the other schools including the Shafi i fuqaha. For example, in al-muhadhdab by Imam al-shirazi, one of the Shafi i scholars, it is mentioned that the task of the ruling party and the amil in collecting and distributing zakat to those qualified is a form of mandate. This is evident from an excerpt in the book as follows: (al-shirazi n.d.): And amil will not be appointed, except when he is independent, fair and trustworthy because this is one of the forms of domination and trustworthiness. The opinion of the Hanbali school seems similar to the Shafi i opinion above, that the amil is the representative of the ruling party to carry out the responsibility of managing the zakat property and they must be trustworthy. Even though they may be non-muslims and fasiq, they may can be appointed as amil as long as they are trustworthy (al-mardawi n.d.). The opinions above are reference for the fatwa which takes into account several aspects, especially with regard to the philosophy of the zakat institution itself and public interset. The fatwa is seen to be appropriate as seen from the experience in 1997, when a financial crisis started a severe economic decline in Malaysia. The Muslim Malays were severely affected by it. Some of them faced hardship in life and hoped for government assistance (Faaland & Rais 2000). In this issue, if an opinion allowing zakat to be invested and traded and not distributed to the deserving parties was allowed, it would have definitely defeated the process of reducing poverty and immediately alleviating the financial burden and hardship of Muslims in the society. 9. CONCLUSION Most of the fatwas proposed by the Mufti and Terengganu fatwa committee are based on the Shafi i school. And each fatwa about zakat distribution is found to be in line with the objectives of aakat distribution. The reason is that Shafi i opinions in deciding on each ruling about zakat distribution are based on the Quran and Sunnah and use al-qiyas (analogical reasoning) resources for the expansion of rules. Furthermore, al-qiyas itself is based on al- Quran, Sunnah and al-ijma (scholarly consensus).thus, the opinions formed by the Mufti and Fatwa Committee are not arbitrary when it comes to issuing fatwas, but are cautious, mature, and strong views and at the same time adopting an open and flexible approach to society s current needs in order to ensure that the distribution is based on the need to inculcate and encourage leading of religious and moral lives besides giving incentive and motivation to zakat managers. This shows that the system of zakat distribution can uplift the asnafs socioeconomy in Terengganu. Thus, every expansion of issues must refer to the fatwas of zakat distribution and evidence in al-qur an, Hadith, ijma and al-qiyas. This completely enables the fatwa institution to issue fatwas that can facilitate competitive and effective Zakat distribution. If properly implemented, a sophisticated zakat distribution will be able to alleviate poverty and help the asnaf toward self-sustenance and even financial independence editor@iaeme.com

12 Wan Zulkifli Wan Hassan, Ezad Azraai Jamsari, Nazri Muslim, Jamsari Alias, Zulkifli Mohamad and REFERENCES [1] Abu Muhammad Izz al-din ibn Abd al-salam. n.d. Qawa id al-ahkam fi Masalih al- Anam. Cairo: Matba at al-istiqamah. [2] Ahmad, M.Y., Mohamed, N.H., Jamsari, E.A., Zakaria, Z., Omar, A.F. & Taib, M.S.M Baitulmal s potential as trustee for unclaimed moneys of Muslims. International Journal of Civil Engineering and Technology 8(12): [3] al- Ani, Khalid Masarif al-zakah wa Tamlikuha fi Daw al-kitab wa al-sunnah. Amman: Dar Usamah. [4] al-ansari, Abu Zakariyya. n.d. Fath al-wahhab bi Sharh al-minhaj. Jeddah: al-haramayn li al-tiba ah wa al-nashr wa al-tawzi. [5] al-buhuti, Mansur ibn Yunus ibn Idris. 1402H. Kashshaf al-qina. Beirut: Dar al-fikr. [6] al-dardir, Abu al-barakat Saydi Ahmad. n.d. al-sharh al-kabir. Beirut: Dar al-fikr. [7] al-dusuqi, Sham al-din al-shaykh Muhammad. n.d. Hashiyat al-dusuqi ala Sharh al- Kabir. Tahqiq. Muhammad Alish. 4 vols. Beirut: Dar al-fikr. [8] Faaland, Just & Rais Saniman Pertumbuhan ekonomi dan ketaksamarataan etnik 1957 hingga 2000 dan masa hdapan [Economic growth and ethnic inequalities from 1957 until 2000 and the future]. In Faaland, J., Parkinson, J & Saniman, Rais (eds.) Dasar Ekonomi Baru: Pertumbuhan Negara dan Pencapaian Ekonomi Orang Melayu. Shah Alam: SPEKTRA Radius Media Sdn. Bhd. [9] al-hasfaki. 1386H. al-durr al-mukhtar. Beirut: Dar al-fikr. [10] Hasnan Kasan Pengaruh institusi fatwa dalam aktiviti masyarakat Islam di Malaysia [Influence of fatwa institution on activities of Muslim society in Malaysia]. Master Thesis. Universiti Kebangsaaan Malaysia. [11] Hassan, W.Z.W., Alias, J., Muslim, N., Abdullah, L. & Abdullah, S Challenges in fatwa management in Terengganu, Malaysia. Mediterranean Journal of Social Sciences 5(29): [12] Hassan, W.Z.W., Jamsari, E.A., Umar, A., Mohamad, Z., Alias, J., Muslim, N. & Ahmad, M.Y The management of zakat distribution in the practice of fatwa in Terengganu, Malaysia. International Journal of Civil Engineering and Technology 8(11): [13] 13 October [14] Ibn Hajar al-haytami, Abu al- Abbas Ahmad Shihab al-din ibn Muhammad Tuhfat al-muhtaj fi Sharh al-minhaj. Published with Abd al-hamid al-shirwani & Ahmad ibn Qasim al- Ibadi, Hawashi Tuhfat al-muhtaj bi Sharh al-minhaj. 10 vols. Cairo: Matba at Mustafa Muhammad. [15] Ibn Hajar al-haytami. n.d. al-fatawa al-fiqhiyyah al-kubra. Jeddah: al-maktabah al- Shamilah. [16] Ibn Humam. n.d. Fath al-qadir. Jeddah: al-maktabah al-shamilah. [17] Ibn Nujaym, Zayn al-din. n.d. al-bahr al-ra iq. Beirut: Dar al-ma rifah. [18] Ibn Qudamah, Abu Muhammad Abd Allah ibn Ahmad ibn Muhammad. n.d. al-kafi fi Fiqh Ibn Hanbal. Beirut: al-maktabah al-islamiyyah. [19] Majma al-fiqh al-islami Decision in the 3rd Seminar held in Kuwait, 8-9 Jamadil Akhir 1413H/2-3 December [20] Malik ibn Anas. n.d. al-mudawwanah al-kubra. Beirut: Dar Sadir. [21] al-maqdisi, Abu Abd Allah Muhammad ibn Muflih. 1418H. Kitab al-furu. Vol. 2. Tahqiq. Abu Zahra Hazim al-qadi. Beirut: Dar al-kutub al- Ilmiyyah. [22] al-mardawi, Ali ibn Sulayman. n.d. al-insaf. Tahqiq. Hamid al-faqi. Beirut: Dar Ihya al- Turath editor@iaeme.com

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