Does my father qualify for zakat or can he take interest money or in short what sort of help

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Date: Tuesday, 1st March, 2011

Category

Zakaat

Title

1. Does my father qualify for zakat or can he take interest money or in short what sort of help

Question

Salams

My Problem Is

My name is () I am from () I have a financial problem, my father got involved in interest dealings with fellow muslim brothers and non-muslims.

The muslim brothers and non muslims were charging him interest on investments deals instead of taking profit and loss situation over 1 and a half years. He also took money for transfers from people who need the money transferred to either overseas personal or company accounts some got there but some never reached as the money was used to pay out the interest investors.

He also took money from peoples cars which were sold (his core business is car sales used and new), and in return he never gave full payment to the owners, deposits in some instances were given. And the balance of the money was used for paying out the interest for that particular month in which the vehicles were sold to the investment group (basically the money was miss-used).

My father is now in a debt of a figure of USD$1,700,000. (One million seven hundred thousand united states dollars) which people are demanding back.

The only possession he has to his name is our family home which belongs to him and my mother.

My Questions Are

1. Does my father qualify for zakat or can he take interest money or in short what sort of help would he qualify for within the lslamic parameters. Because the muslims in our community are divided, some are willing to help but there others which are not clear on the Islamic ruling.

 

Answer

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.

Respected Brother in Islam,

At the outset, it should be understood that your father has misused the wealth of many individuals under the pretext that he is being charged interest on investments he had made. Their claims are legitimate and your father is responsible to pay each person his respective amount.

In principle, Zakaah is given to satisfy the needs of the poor and not to fulfill the desires of certain individuals.

Your father will qualify to receive Zakaah should his liabilities exceed his total assets (cash, properties, stock in trade etc)[1]. However, a person should not be compelled to discharge his Zakaah in a specific avenue or to a specific person if he is not willing to do so.

We make dua that Allah Ta’ala removes all difficulties from your father and the Ummah at Large, Āmeen.

 

And Allah knows best
Darul Iftaa

Madrasah Inaa’miyya

 

 

· The Sharée ruling herein given is specifically based on the question posed and should be read in conjunction with the question.

· The Darul Ifta bears no responsibility to any party who may or may not act on this answer. The Darul Ifta being hereby exempted from loss or damage howsoever caused.

· This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Ifta.

 


[1] ( ومديون لا يملك نصابا فاضلا عن دينه ) وفي الظهيرية الدفع للمديون أولى منه للفقير,
الدر المختار, ج 2, ص343, سعيد

حاشية الطحطاوي على مراقي الفلاح, ص 719, العلمية