Question (Q-03):
Is it permissible for institutes who are given Zakāh to keep the Zakāh money saved for many years without having made a poor person owner of the money through Hīlah Shar’iyyah?
Answer:
Zakāh is in essence the right of the poor people. The permission to utilise Zakāh to fund religious institutes is only due to necessity that pertains to Shari’ah matters. It is necessary for those responsible for the affairs of these institutes to not delay Hīlah Shar’iyyah[1] of the Zakāh given to them. This is to ensure the fulfilment of the donor’s Zakāh as making a poor person owner is a condition for Zakāh. It is stated in Al Fatāwā Al Hindiyyah;
إذا دفع الزكاة إلي الفقير لا يتم الدفع ما لم يقبضها أو يقبضها للفقير من له ولاية عليه
“When a donor gives Zakāh to a poor person, the donation is not complete so long as the poor person does not take control over it or a guardian of a poor person does not take control over it.”
Conclusion:
It is not permissible for those responsible with the affairs of religious institutes to keep Zakāh money saved for years without having carried out Hīlah Shari’yyah.
Allah knows best and His Knowledge is Most Complete
Answered by: Muftī Shamsulhudā Khān Misbāhī (Allah preserve him)
[1] Hīlah Shar’iyyah is explained within Hanafī works such as Al Fatāwā Al Hindiyyah and Adh Dhakhīrah to be a method that is adopted to allow the use of Zakāh on necessary religious matters whilst having fulfilled the condition of making a poor person owner of the amount being given as Zakāh. Hīlah involves the responsible members of organisations such as religious seminaries or donors themselves making a poor person owner of the wealth being given as Zakāh and the poor person then donating that money to the religious organisation to use towards its religious causes. It is stated in Al Fatāwā Al Hindiyyah;
والحيلة أن يتصدق بمقدار زكوته علي فقير ثم يأمره بالصرف إلي هذه الوجوه
“Hīlah is that one give the amount of his Zakāh to a poor person then he says to him to spend it upon the necessary ways intended.”
