Faiz: Zakat spending divinely set, not for state wants

Former Chief Justice Ahmed Faiz Hussain has asserted that the state does not have the authority to spend Zakat funds at its discretion.

Faiz made these remarks in response to comments by Dr. Aishath Muneeza, Dean of the International Center for Education in Islamic Finance University (INCEIF), during the opening ceremony of the International Zakat Conference (INZEC) in Maldives on Saturday. Faiz observed that public awareness regarding Zakat implementation alongside existing tax laws was lacking.

Muneeza distinguished between man-made tax laws and Zakat as a divine duty, stating that taxes sustain governments while Zakat uplifts individuals. She also advocated for leveraging technology to enhance Zakat practices, digitizing related activities, increasing public awareness, and integrating Zakat into national development strategies.

In a Facebook post, Faiz clarified that while taxes are collected for state purposes and enter the state treasury, Zakat is organized by the state for distribution to its designated beneficiaries as per divine decree.

"The way Zakat should be spent has been divinely prescribed. Zakat cannot be spent on the things the state wants. Zakat is under the control of the state as a trust," Faiz wrote.

Faiz's statement follows the introduction of a bill in parliament to legalize Zakat payments, which has since been referred to the parliamentary social committee.

The bill aims to establish a robust framework for the payment, receipt, and distribution of Zakat in Maldives, ensuring adherence to Islamic Shari'ah objectives.

It defines accepted Zakat types, acceptance procedures, and details for Fitr Zakat and Zakat al-Mal, including recipient criteria.

The proposed legislation mandates the establishment of a nine-member Zakat Council within two months of its enactment. This council would include the Islamic minister, a director general, representatives from the Maldives Monetary Authority (MMA), the Center for Holy Quran, the Finance Ministry, the Fatwa Council, the Islamic Ministry, and two Zakat experts.

Concurrently, upon the bill's enactment, a government agency named the Maldives Zakat House would be established. This body would manage Zakat collection, maintain a register of recipients, and facilitate Zakat payments, operating under a Director General advised by the Minister.

During parliamentary discussions, Hulhumale' South MP Dr. Ahmed Shamheed suggested that processing Zakat through the Maldives Inland Revenue Authority (MIRA) would be more efficient than creating a new office for tasks MIRA already handles.

In response, Dr. Mohamed Shaheem Ali Saeed, the Minister of Islamic Affairs, countered Shamheed's view, emphasizing the distinct nature of Zakat and taxes. He noted that Islamic countries typically establish separate Zakat institutions and highlighted difficulties in distributing Zakat to its rightful recipients in the Maldives due to the current commingling of Zakat and tax funds.