Question:
Assalamualaikum SS Dato’ Seri Mufti, I have a question, other than zakat fitrah, is the pronouncement of akad for other zakat obligatory?
Answer:
Waalaikumussalam wrt. wbt,
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Zakat is an obligatory worship and one of the pillars of Islam which is sanctioned on the second year of Hijrah. This is stated in a hadith from Ibnu Umar RA:
أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم فَرَضَ زَكَاةَ الْفِطْرِ مِنْ رَمَضَانَ عَلَى النَّاسِ صَاعًا مِنْ تَمْرٍ أَوْ صَاعًا مِنْ شَعِيرٍ عَلَى كُلِّ حُرٍّ أَوْ عَبْدٍ ذَكَرٍ أَوْ أُنْثَى مِنَ الْمُسْلِمِينَ
“Allah's Messenger (way peace be upon him) prescribed the payment of Zakat-ul-Fitr (on breaking the fast) of Ramadan for people, for every freeman, or slave, male and female among the Muslims-one sa' of dried dates, or one sa' of barley.”
Sahih Muslim (984)
The jurists explained that zakat is an obligatory charity. This is in accordance with the statement of Allah SWT:
خُذْ مِنْ أَمْوَالِهِمْ صَدَقَةً تُطَهِّرُهُمْ وَتُزَكِّيهِم بِهَا وَصَلِّ عَلَيْهِمْ ۖ إِنَّ صَلَاتَكَ سَكَنٌ لَّهُمْ ۗ وَاللَّـهُ سَمِيعٌ عَلِيمٌ
“Take, [O, Muhammad], from their wealth a charity by which you purify them and cause them increase, and invoke [ Allah 's blessings] upon them. Indeed, your invocations are reassurance for them. And Allah is Hearing and Knowing.”
Surah al-Taubah (103)
Dr Wahbah al-Zuhaili said, according to the scholars’ opinion, what is meant in the above verse is that zakat is an obligation for all mankind. (See Tafsir al-Wasit li Zuhaili: 1/913)
The same is stated in al-Mausu’ah al-Fiqhiyyah, the obligatory charity on one’s wealth according to syara’ is property zakat. The obligatory charity on one’s body is zakat fitrah. (See al-Mausu’ah al-Fiqhiyyah al-Kuwaituyyah, 26/325)
Obligatory Conditions and Valid Conditions of Zakat
Dr Wahbah Zuhaili state there are obligatory and valid conditions for zakat. Thus, zakat is obligatory for a Muslim who is free, has reached puberty, rational, the ownership on the property’s total is sufficient (according to the nisab) and the property is owned for certain set period of time (according to the haul) and the zakat is valid with just the intention, fulfilling its obligation. (See al-Fiqh al-Islami wa Adillatuhu, 3/1796)
Intention is the determinant of something as an act of worship and it differentiates each act of worship from another act of worship, for example, zakat and kafarah. This is as stated in a hadith from Saidina Umar al-Khattab RA, the Prophet PBUH said:
إِنَّمَا الأَعْمَالُ بِالنِّيَّةِ وَإِنَّمَا لاِمْرِئٍ مَا نَوَى
“(The value of) an action depends on the intention behind it. A man will be rewarded only for what he intended.”
Sahih Muslim (1907)
According to the opinion of madhhab Imam Syaf’ie, it is obligatory to set the intention in one’s heart and it is not a condition for it to be pronounced, such as “This is my property zakat,”, even though the intention does not state that it is obligation, for zakat is an obligation. (See al-Fiqh al-Islami wa Adillatuhu, 3/1811)
As for the opinion of Imam al-Nawawi, he stated that the ruling for charity is the same as a gift and it does not need for the pronouncement of ijab and qabul. It is sufficient with the giving and accepting of the property and this is the authentic opinion in madhhab Imam Syafi’e and this is also the chosen opinion by contemporary jurists. (See Raudah al-Thalibin,5/365-366)
Conclusion
Coming back to the above question, the payment of zakat is valid even without the pronouncement of ijab and qabul. The reason is, the valid condition for zakat is intention and having the ownership of the property as well as the act of giving and accepting of the property.
However, it is not an issue if the ijab and qabul is pronounced, ensuring that the purpose and aim of the zakat is fulfilled. Thus, sincerity and contentment are necessary in attaining the blessing and acceptance of Allah SWT. Allah SWT state:
وَمَا أُمِرُوا إِلَّا لِيَعْبُدُوا اللَّـهَ مُخْلِصِينَ لَهُ الدِّينَ حُنَفَاءَ وَيُقِيمُوا الصَّلَاةَ وَيُؤْتُوا الزَّكَاةَ ۚ وَذَٰلِكَ دِينُ الْقَيِّمَةِ
“And they were not commanded except to worship Allah, [being] sincere to Him in religion, inclining to truth, and to establish prayer and to give zakah. And that is the correct religion.”
Surah al-Bayyinah (5)