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Fiqh al Zakah (Vol. I), Dr. Yusuf al QardawiviiiF.Fair:[Salih al Hadith ] ﺹﺎﻟﺢ اﻟﺤﺪﻳﺚ , for sayings' narrators, a narratorwhose reports are just accepted with minimum trustworthiness, butnot ranked highly in trustworthiness.Fiqh:[ ] ﻓﻘﻪ , the science of knowing details of the Ahkam of Shari'ah.Followers:the generation of Muslims who met the Companions or any ofthem but not the Prophet (P).Furq:[ ] ﻓﺮق , a volume measure.Ghanam:[ ] ﻏﻨﻢ sheep and goats.Ghanimah:[ ﻏﻨﻴﻤﺔ , pl. Ghana'im ] ﻏﻨﺎﺋﻢ , property of the enemy acquired inwar.Ghusl:[ ] ﻏﺴﻞ , flowing water all over the body. It could be required oronly desired.Good:[ ﺡﺴﻦ Hassan], for a saying, a degree of acceptability of a sayingputting it below the correct one, but still in the range ofacceptability.Gift of thanks:[ هﺪي Hadiy], sacrificial animal (camel, cow,sheep or goat) takento be slaughtered on the occasion of performing pilgrimage toMakkah's holy places.Hadith:[ ] ﺡﺪﻳﺚ , saying attributed to Prophet (P) Categorically it includeswhat he said, did, or approved.Hadiy:[ ] هﺪي , see Gift of thanks.G.H.

GlossaryixHanafi(or Hanafite):[ ] ﺡﻨﻔﻲ , a follower of jurisprudence initiated by Abu Hanifah(d.150 H.) also adjective of that school.HanbaliHanbal(or Hanbalite):[ ﺡﻨﺒﻠﻲ Hijaz:[ ] ﺡﺠﺎز , the central western part of Arabian peninsula, it includesMakkah and Madinah.Hukm:[ ] ﺡﻜﻢ , singular of Ahkam, see Ahkam.Ihram:[ ] اﺡﺮام , a special state required for entering Makkah on pilgrimageor 'Umrah (a special visit to Makkah holy places outside thepilgrimage season), it entails intention, non-sewed garment (formen) and observation of certain conduct.Ijma':[ ] إﺟﻤﺎع , unanimity, agreement among all scholars on certainruling.Ijtihad:[ ] اﺟﺘﻬﺎد , excertion of effort in finding a ruling on something notmentioned clearly, according to certain known methodology.Imam:[ ] إﻣﺎم leader in his field.Imami:[ ] إﻣﺎﻣﻲ , a follower or adjective of the Shi'ite school ofjurisprudence led by the 12 Imams descending from the family ofthe Prophet (P).Jihad:[ ] ﺟﻬﺎد , use of military force to defend Islam, its people and land,or religious freedom of any people.Jizyah:[ ] ﺟﺰﻳﺔ , a poll tax imposed on non Muslims who are defeated injihad and stay under the Islamic state's authority in exchange fortheir protection and security.], a follower of jurisprudence initiated by Ahmad bin(d. 241 H.). also adjective of that school.I.J.

Fiqh al Zakah (Vol. I), Dr. Yusuf al QardawixK.Kaffarah:(P1. Kaffarat) [ ] آﻔﺎرة , givings to poor and needy in recompense ora loss of certain kind of worship, eg. feeding three poor personsone meal for unfulfilled sweare.Khaybar:[ ] ﺧﻴﺒﺮ , a small town located north west of Arabian peninsula, 170km. north of Madinah.Khalifah:[ ] ﺧﻠﻴﻔﺔ , pl. Khulafa', the head of the Islamic state in the Islamicpolitical system.al Khulafa'al Rashidin:[ ] اﻟﺨﻠﻔﺎء اﻟﺮاﺷﺪﻳﻦ , the four successors of the Prophet (p) in headingthe first Islamic state in Madinah, Abu Bakr, 'Umar, 'Uthman and'Ali. They ruled during the period of 11-4O H., called the WiseSuccessors.Khilafah:[ ] ﺧﻼﻓﺔ , name of the position of the head of state in Islamicpolitical system.Kiyas:[ ] اﻟﻘﻴﺎس اﻟﻤﺮﺱﻞ Loose Analogy:[ Muttasil ] ﻣﺘﺼﻞ , for a saying, when its chain is complete to theProphet (p).Munqati':[ ] ﻣﻨﻘﻄﻊ , for a saying, when its chain is not complete by missingtwo Interruptedconsecutive links.Ma'dan:[ ] ﻣﻌﺪن Metal.Mahr:[ ] ﻣﻬﺮ , an amount granted to the bride as part of the marriagecontract.Mal:(Plural Amwal), see Amwal.L.LinkedM.

GlossaryxiMaliki:[ ] ﻣﺎﻟﻜﻲ or Malikite, a follower of the school of jurisprudence ledby Malik bin Anas (d. 170 H.) also adjective of that school.Muhajir (s):[Muhajir ' ]ﻣﻬﺎﺟﺮ , Immigrants from Makkah who accepted Islam atthe time of the Prophet (P) and migrated to Madinah because ofpersecution.Mulk:[ ] ﻣﻠﻚ , ownership.Minbar:[ ] ﻣﻨﺒﺮ , a stand in the Mosque for the speech given on Fridays.Mithqal:[ ] ﻣﺜﻘﺎل , a weight measure, equals on dinar of Gold, usedsometimes to mean one dinar of gold.Monopolistic:trader or Merchant[al tajir al muhtakir ] اﻟﺘﺎﺟﺮ اﻟﻤﺤﺘﻜﺮ , has storage trader whofacilities and keeps merchandize until prices improve.Mudallis:[ ] ﻣﺪﻟﺲ , in saying narrators, a person who does not state theperson from whom he got the narration, yet uses a vague wordwhich is [from: 'an] followed by a person in thechain higher than one from whom narration is obtained.Mudd:[ ] ﻣﺪ , volume measure.Muhkam:[ ] ﻣﺤﻜﻢ , for a text, when both its authenticity and indication areclear cut.Muhajir:[P1. Muhajirin ﻣﻬﺎﺟﺮﻳﻦ ، ] ﻣﻬﺎﺟﺮ , see immigrants.Munqati':[ ] ﻣﻨﻘﻄﻊ , see interrupted.Mursal:[ ] ﻣﺮﺱﻞ , in sayings, when a follower drops the name of thecompanion through whom the saying is received.Musnad:[ ] ﻣﺴﻨﺪ , when the chain of the saying is complete to the Prophet (p).

Fiqh al Zakah (Vol. I), Dr. Yusuf al QardawixiiMustahabb:[ ] ﻣﺴﺘﺤﺐ , Recommended (or desired), some action graded inShari'ah as desired, a level below required and above permissible.Nash(or Nashsh):[ ] ﻥﺶ , a weight measure, equals one half Uqyyah.Nawah:[ ]ﻥﻮاة , a weight measure.Nisab:[ ] ﻥﺼﺎب , a minimum amount which determines the zakatability ofa person. see . p. V.1.Qafiz:[ ] ﻗﻔﻴﺰ , a volume measure.Qirbah:[ ] ﻗﺮﺏﺔ , a volume measure.Qiyas:[ ] ﻗﻴﺎس , see analogy.al Qiyasal Mursal:[ ] اﻟﻘﻴﺎس اﻟﻤﺮﺱﻞ . or (loose analogy), see loose analogy.Ratl:[ ] رﻃﻞ , a weight measure.Riba:[ ] رﺏﺎ , any increase in repayment of a loan, generally, interest.Rikaz:[ ] رآﺎز , burried treasures or sometimes natural ores underground.N.Q.R.

GlossaryxiiiS.Sa':[ ] ﺹﺎع , a volume measure.Sadaqah(pl. Sadsqat):[ ] ﺹﺪﻗﺔ , charitable donation.Saying (s):see Hadith.Saying critics(or scholarsof sayings):[ ] اﻟﻤﺤﺪﺙﻴﻦ specialists in scrutinizing and determiningtheir degree of authenticity.SecondGeneration:The generation after the companions. The followers.Shafi'i(or Shafiittes):[ ] ﺷﺎﻓﻌﻲ , a follower of the school of jurisprudenceinitiated by al Shafi'i (d 204h) Also, adjective of that school.Shari'ah:[ ] اﻟﺸﺮﻳﻌﺔ the total legal system of Islam.Shi'i (or Shiite) :[ ] ﺷﻴﻌﻲ a follower of the school of thought of those who describethemselves as supporters of 'Ali. Also, adjective of that school.Shuf'ah:[ ] ﺷﻔﻌﺔ right of preference given to neighbour or partner in buyinga real estate property.Soft Chain:[sanad layyen ] ﺱﻨﺪ ﻟﻴﻦ , a chain of a saying which is not strong butnet yet accused.Strange(or peculiar):[Gharib ] ﻏﺮﻳﺐ , in saying, when the saying is very unfamiliarin its chain or text.Sunnah:[ ] ﺱﻨﺔ , path or method. With respect to sayings, it is synonimous tohadith.

Fiqh al Zakah (Vol. I), Dr. Yusuf al QardawixivSunni(or Sunnite):[ ]ﺱﻨﻲ , a follower of the school of thought that claimsrespect to all companions and moderation toward any extremism. Itcovers majority of Muslims and Muslim schools of jurisprudence.Also, adjective of that school.Supporters:see Ansar.Suspended:[ ] ﻣﻌﻠﻖ , for a saying, when it is narrated without any chain (this isespecially done sometimes by al Bukhari).Tafsir:[ ] ﺕﻔﺴﻴﺮ , with respect to Qur'an, commentary and explanation.Tawhid:[ ] ﺕﻮﺡﻴﺪ , Oneness of God.Tayammum:[ ] ﺕﻴﻤﻢ , use of regular but clean soil as a ritual substitute ofablution.T.Trade inventory :(or trade assets)[Urud al Tijarah ] ﻋﺮوض اﻟﺘﺠﺎرة merchandize acquiredfor the purpose of resale.Two correctBooks:the two collections of correct sayings of al Bukhari and Muslim.Unanimity:See Ijma'.Unanimouslyagreed upon:taken or approved by all scholars.Unknown:[ ] ﻣﺠﻬﻮل , with respect to sayings narrators, when no information isavailable about a narrator.Uqiyyah:[ ] اوﻗﻴﺔ , a weight measure.U.'Urud al Tijarah :[ ] ﻋﺮوض اﻟﺘﺠﺎرة , see trade inventory.

Glossaryxv'Ushr:[ ] ﻋﺸﺮ , one tenth, it also refers to the one tenth (or one twentieth)given as Zakah in agriculture.Usul al fiqh:the science of fiqh methodology and axiomatic system.:[ ] وﺱﻖ , a measure of volume used in agriculture.W.WasqWise Successors :see al Khulafa' al Rashidin.Wudu':[ ] وﺿﻮء , use of water to wash certain parts and members of thebody in preparation for prayer. Ablution .Zahiri(or Zahirite):[ ] ﻇﺎهﺮي , a follower or adjective of the school ofjurisprudence that puts its main emphasis on the literal meaning ofthe text.Zaidi:[ ] زﻳﺪي , a follower of the school of jurisprudence initiated by Zaidbin Ali bin al Husain. Also, adjective of that school.Z.

FROM THE ETERNAL DIVINE CHARTER"OUT OF THEIR WEALTH, TAKE ZAKAH THAT SO THOUMIGHTEST PURIFY AND SANCTIFY THEM, AND PRAY ONTHEIR BEHALF, VERILY THY PRAYERS ARE A SOURCEOF SECURITY FOR THEM AND GOD IS ONE WHOHEARETH AND KNOWETH."xvii

AUTHOR INTRODUCTIONPraise be to God and prayer and peace on the messenger of God, his family, hiscompanions, and those who follow his guidance. Out of the five pillars of Islam, Zakahis the socio-financial one. By performing zakah along with tawhid (belief in the onenessof God) and establishing prayers a person becomes Muslim. As a member of the Muslimcommunity he or she deserves the brotherhood and allegiance of Muslims, as indicatedby the Qur'anic verse "but if they repent, establish prayers, and practice zakah they areyour brethren in faith".Even though zakah is usually mentioned with the methods of worship of Islam, suchas prayer, it is in fact a part of the socio-financial system of Islam. For that reason it isalways studied under the heading of Financial and Political Issues of the IslamicSociety. Therefore, it is no wonder that Muslim scholars are eager to analyze the detailsof zakah from all angles.Explanatory Issues:Commentators on the Qur'an study and explain the verses about zakah includingverse 267 in Sura al Baqarah, verse 242 in Sura al 'An'am, verses 34, 60, and 103 inSura al Tawbah, and several other verses, Among commentators, those who specializein ahkam (Injunctions of the Qur'an) such as Abu Bakr al Razi, al Jassas Abu Bakr binal 'Arabi, and Abu 'Abdullah al Qurtubi, have detail contributions to the explanation ofthe verses of zakah.Scholars of hadith study the traditions of the Prophet that deal with zakah. You willfind a chapter on zakah in all books of Sunnah, especially those sorted according toarticles of fiqh such as Muwatta' Malik, Sahih al Bukhari, Sahih Muslim. Jami 'alTirmidhi, Sunnan al Nasa'i, Sunnan abi Dawud, and Sunan Ibn Majah. In Sahih alBukhari alone, the chapter of zakah contains 172 sayings attributed to the ProphetMuhammad (P) Muslim agreed with him on All but of the Prophet's sayings. In aslocontains 20 sayings of the companions and the followers.xix

xxFiqh al Zakah (Vol. 1), Dr. Yusuf al QardawiJurists study zakah in their books as the second major worship in Islam. It is usuallylisted right after prayers, in line with the sequence found in Qur'an and Sunnah.Scholars specialized in the financial and administrative issues of Islam look at zakahas a component of its socio-financial tem. So we find zakah in al Kharaj of Abu Yusuf,al Kharaj of Yahya bin Adam, al Amwal, of Abu 'Ubaid, al Ahkam al Sultaniyah, of alMawardi (Shafi'it), al Ahkam al Sultaniyah of abu Ya'la (Hanbalite), and Al Siyasah alShar'iyah, of Ibn Taimiyah.Since the subject of zakah has been extensively researched, and its references areabundant, one may ask, why do we need a new study of zakah? Does the contemporaryMuslim library need a new work such as the one we are embarking on, (which studieszakah, its objectives, its effects on the life of the individual and the society and its statusamong contemporary socio-financisl systems?) The answer to this question is yes, forthe following reasons.1. This important tenet of Islam needs to be re-examined, combined in one volumeand represented in a contemporary style. The authors of old times wrote for their ownages with their own styles. Each era has its own style, as the Qur'an says, "we sent notan apostle except to teach in the language of his own people in order to make thingsclear to them".There are two main subject in Islamic economics that deserve to be studied in thistime because of their relevance. One is an essential obligation or a pillar of Islam. Theother is a prohibition, a major sin. The first subject is zakah, the second riba (interest).There is no disagreement among Muslims about the obligatory nature of the first, northe prohibition of the other, for denying this obligation or that prohibition amounts toapostating.However, the issue of riba received more attention of scholars than the issue ofzakah. Great scholars such as Abu A'la al Mawdudi,4 Muhammad Abdullah Draz5 'Isa'Abdu, Muhammad Abu Zahrah7, Muhammad Abdullah al 'Arabi8, Muhammad AbuSa'ud9, Muhammad Baqir al Sadr10, and Muhammad 'Uzair11, have written books,papers, and articles on riba, whether from a pure Islamic point of view or from aposition influenced by the Western capitalistic stance on money and life. In spite of thefact that there is always room for more rigorous and more extensive research, one cannote that a reasonable amount of research has emerged on this issue.As for the issue of zakah, there is very little concern for its research by scholars.Such an inportant matter like zakah still needs more study and research, especially sinceit is one of the fundamental obligations of Islam and a cornerstone of its financial,economic, and social systems.2. Muslim jurists differ on many details of zakah. Each has his own opinion andarguments, and there are sometimes contradictions among their interpretations, whichleaves the majority of people in chaos and confusion about what opinion to choose.

IntroductionxxiThere is a great need to review these interpretations, opinions, and arguments, to discussthem with certain degree of neutrality, to examine them in the light of the criteriadescending from God, and to show which among them is the most worthy.To this need the late Shiekh Mahmud Shaltut referred' in his book Islam, Doctrineand Law12, saying under the title "Zakah, A Principal Religious Pillar"."In spite of my belief that theoretical differences are indications of thinking vitality andflexibility of the system that accommodates such differences, I feel uneasy when I see therange of difference among the schools of thought on the application of this obligation ofzakah, as it is exposed in the books of jurisdiction and injunctions. This obligation ofzakah, that is usually associated with prayer ought to be, like prayers, commonlyunderstood. In prayers we see not much room for differences - just five prayers in the dayand night. Unlike prayers, we observe that even the ratio, the exemption, the kinds ofwealth that are zakatable are subject to differences among scholars. Such differences haveserious implications for muslims at large when it comes to their application of the Islamicobligation of zakah. For example, some scholars consider the wealth of children andinsane individals zakatable, others don't. Some scholars consider all agricultural productszakatable, others restrict zakah to specific kinds only. Some consider debts zakatable,others don't. Similar differences exist for business assets and women's jewelry. Somerequire certain minimum (nisab) for zakatability, some don't. etc. The same kind ofdifferences also exist about the disbursement of zakah."The late Shaltut called for a reviw of those differences among schools of thought,which he feared may mar the essence of this obligation. Fuch a review should be basedon the ultimate objectives of zakah as cited in the Qur'an, so Muslims could understandand apply it on the same level.3. There are new matters that did not exist in the past and were not known to theancient jurists. These new matters require new religious injunctions. Today, Mulims askmany questions about zakah that must not be left without answers. Questions such ashow to consider new forms of wealth other than Iivestock, agricultural produce andfruits. These new forms of wealth include huge buildings for rent, enormous factoriesand plants, machines and equipment, and all kinds of fixed and circulating capital thatprovide tremendous flow of income out of their production lines and rental proceedssuch as ships, cars, planes and hotels. There are new trading and industrial corporations,the new forms of income of professionals like physicians, engineers, and lawyers andhuge numbers of employees receiving wages and salaries. Are all these zakatable or not,and if they are zakatable, what is the percentage of zakah on them? When is it due? Andon what basis in Shari'ah is it founded.Many measures and terms mentioned in the texts on zakah, such as al wisq inagricultural products, sa' in the fast-breaking zakah, darahim and dananir in the zakahon money require new definitions and translation into today's measures. Are thesequantities given and fixed or can we change them in response to changes in economicand social circumstances, such as a change in the purchasing value of money? There are

xxiiFiqh al Zakah (Vol. I), Dr. Yusuf al Qardawinew taxes with progressive or flat rates imposed by contemporary governments withcertain social purposes attached to them. The relation between such taxes and zakahshould be studied, and the areas of similarities and differences must be pointed out. Thesubstitutability of these taxes and zakah must be investigated and their coexistence mustalso be examined.Questions like these are waiting for answers and Muslim scholars are looked at toprovide such answers. To say that the door of ijtihad is closed would incorrectly leavethese issues unsettled. None can close the door of ijtihad since it was opened by themessenger of God (P).Reliable scholars of 'usul (methodology of jurisprudence) are determined that ijtihadcan be exerted on individual issues, since some people may specislize in certai

Books : See, two correct Books under letter T. C. Commentary; : [ Tafsir, ﺮﻴﺴﻔﺕ ], With respect to Qur'an, explanation Explanatory of the Qur'an, usually composed of several volumes.