The dues of charity

Mohamed Abu Zahra, of The Azhar, appends charity dues on residences or buildings used for the purpose of obtaining an income or profit, to charity dues on agricultural crops, maintaining:

"It is recognised that scholars of Fiqh have not fixed charity dues on residences, because in their days such residences were not used productively. They were used only to meet the basic needs of living - and that was a social justice in an age of juristic derivation. In our present days, however, buildings and palaces are erected for investment, and now yield profit many times as much as land use. Thus welfare demands that charity dues be applied to them, as they are applied to agricultural land, since there is no difference between a person who collects the revenues of his building every month, and that whose land yields crops every year. It is unfair to impose dues of charity on agricultural produce, and keep real estate investment free from such dues."

Hence, charity dues, apply to the revenues of all (rented) buildings set for habitation or similar needs. If the building, however, gives no revenues for a period of time, its dues of charity do not apply to this period.

Charity dues on residents (or small places) take effect the time the revenues are collected: if these revenues are collected monthly, the dues of charity have to be collected every month; if every year, then every year. And the due that applies here is 1.4%.

Sheikh Mohamed Abu Zahra applies the same principle to industrial machinery - not articles used to meet the personal needs of the workers - set at factories to manufacture products. Dues of charity apply to these products. The revenues of such factories are settled every year, so that if there is profit, the poor have a right in it, and according to Sheikh Abu Zahra the percentage is 1.4%.

Dues of Charity on Livestock

The livestock meant here are animals that graze on those pastures that are open to all, without any obligation of fodder expenses on the part of their owner. A farmer who buys fodder for his cattle is exempted from the obligation to pay charity. Islam does not oblige the cattle owner to pay both the expenses of their fodder and their dues of charity.

Every cattle herd of these has its own minimum value, below which no dues of charity apply. In camels, no dues of charity apply when they are less than five camels; in sheep, no dues apply when less than forty; and in cows, no dues apply when less than thirty. For every five camels, the charity is an ewe; for every forty sheep, an ewe as well; and for every thirty cows, a young calf.

The dues on camels include both male and female; on sheep, both mutton and goat; and on cows, the ox. No dues of charity apply to cattle other than these, though they may be livestock - like horses, mules and donkeys. The wisdom is that the said dues apply to camels, cows and sheep because they reproduce and give milk, and because they are raised to this end.

Scholars of Fiqh fix no dues of charity on horses, mules and donkeys because these are employed merely to meet one's needs. The horse was used for fighting; and the mule and donkey, for riding. If, however, they are used for the purpose of profit, then their offspring and profits require certain dues of charity.

Dues of Charity on Minerals and Treasures

According to the School of Imam Malek (one of the four Fiqh schools of Islam), all minerals, like petroleum, that exist in the depths of the earth, belong to the Muslims' Treasury.

As for Pre­Islamic treasures proven to have been buried before the coming of Islam, their dues of charity are the fifth of their value. The remaining four­fifths are for the one who finds them. Islamic treasures proven to have been buried after the coming of Islam, belong to the State in whose territory they are found - unless their owner is known, and in this case they are returned to him. In the absence of an owner, such treasures belong to the State because, being lost things, they should go to the Muslims' Treasury. Their case is exactly like the case of a property whose owner dies without an heir; his property goes to the Muslims' Treasury that takes charge of such lost property and labels them as revenues of charity.

As for the amber or ambergris, pearls or fishes that are extracted from thesea, their due of charity is the fifth of their value. This condition was fixed by those who laid down the draft law of charity in Egypt, maintaining, "It is recognised that scholars of Fiqh did not require the payment of the "fifth" on fish because sovereignty over the sea at that time was not fixed, and people did their fishing only to secure their daily food. Besides, fishing was not given enough care, and fisheries did not enjoy the sort of organisation that we have nowadays. Had our religious leaders lived in our time, they would have taken our decision. The difference between their view and ours is only a difference between two ages, not two proofs or principles."

Because of their historical significance and for the benefit of knowledge, archaeological treasures go into the possession of the State.

People Who Deserve Charity

Islam does not leave the question of charity to the personal estimation of those in whose trust its revenues are put; Islam assigns where these revenues should go, as the following Qur'anic verse plainly declares: "Alms are for the poor and the needy, and those employed to administer (the funds); for those whose hearts have been (recently) reconciled (to Truth); for those in bondage and in debt; for the cause of God; and for the wayfarer. (Thus is it) ordained by God, and God is full of knowledge and wisdom" (IX:60)

The Poor

They are people without money or property to which the dues of charity apply; in other words, their property is below the minimum which the Revelation specifies, and it is only little enough to meet their basic needs. Poor people, according to another interpretation, are those who do not have the food they need for a day and a night.

To be continued Insha' Allah