Enabling Zakat in Islamic Jurisprudence and its Maqasid-based Applications in Syria during the Transitional Phase

Abstract:

This study aims to clarify the jurisprudential foundations of the concept of empowering zakat in light of the four Sunni schools of thought, demonstrating its consistency with the general objectives of Islamic law (Sharia) as an effective tool for transforming the poor from a state of perpetual need to one of sufficiency and productivity.

It also seeks to apply this concept to the reality of Syria during its transitional phase, as a society suffering from the effects of a protracted conflict and a profound economic and structural collapse.

The study employs a descriptive, analytical, and deductive methodology, tracing the opinions of jurists on the categories of zakat recipients, analyzing them from a purposive perspective, and linking them to the contemporary reality. It also presents an estimated mathematical model for the proposed empowerment packages, given the absence of accurate official national data on the volume of zakat in Syria.

The study concludes that empowering zakat is not a newly introduced interpretation outside the established jurisprudential framework, but rather is deeply rooted in the recognized jurisprudential heritage. It represents a conscious application of the objectives of Islamic law in alleviating harm, achieving human dignity, and building a productive individual.

It also offers practical recommendations for adopting this model for social and economic reconstruction in Syria.

Introduction:

Zakat is one of the pillars of Islam and one of its most important tools for achieving social justice and economic balance. It is a system of mutual support based on achieving sufficiency and preserving human dignity.

However, the practical application of zakat in many contemporary societies has deviated from its ultimate goal, becoming merely a limited form of consumer aid that does not alter the deep-rooted structure of poverty.

In the current Syrian context, where a large segment of society suffers from extreme poverty, unemployment, and declining productivity, the need arises to reconsider the philosophy of zakat distribution and shift it from a logic of subsistence to one of empowerment, so that it becomes a means of transitioning from poverty to sufficiency, and from need to economic independence.

This study is based on the central premise that allocating Zakat funds to empowerment projects more fully achieves the objectives of Sharia. This approach has significant jurisprudential roots in the four Sunni schools of thought and can be applied to the Syrian context as a means of rebuilding productive individuals during the transitional phase.

The study seeks to answer the following questions:

Do the four Sunni schools of thought permit giving the poor a portion of Zakat funds sufficient to lift them out of poverty permanently?

What are the underlying principles of empowerment-oriented Zakat? How can this model be implemented in Syria given the lack of accurate national data? What role can political and civil forces play in activating this concept?

First, the jurisprudential foundations of empowerment-oriented Zakat in the four Sunni schools of thought:

  1. The Hanbali School:
    Ibn Qudamah states that the purpose of giving to the poor is to meet their needs and alleviate their poverty, and that they have the right to receive from Zakat funds what achieves this. He says, “The poor and needy are given what will lift them from the state of poverty and destitution to one of sufficiency and self-sufficiency.” He also mentions that if someone is capable of working but lacks the necessary tools, it is permissible to give them from Zakat funds what will enable them to earn a living. This clearly indicates the permissibility of using Zakat to empower the poor with the means of production, whether it be capital, tools, or a small business.
  2. The Hanafi School:
    Al-Kasani states that the determining factor in eligibility is the state of poverty, not the amount of money given. He mentions that the poor may be given what suffices them and makes them self-sufficient. Although some Hanafi scholars disliked giving the poor a large sum of money all at once, they did not prohibit it if it served the public interest and ensured their sufficiency. With the development of contemporary Hanafi jurisprudence, a number of scholars have concluded that it is permissible to empower the poor with productive capital, as this is preferable to limited, recurring donations.
  3. The Maliki School:
    The Malikis focus on the concept of sufficiency as a fundamental criterion in the distribution of Zakat. It is stated in al-Dhakhira that if a poor person is given enough to make them self-sufficient and alleviate their poverty, they are not permitted to receive Zakat afterward. This indicates that the goal is not merely immediate gratification, but rather the complete elimination of need. The Malikis also permit giving the poor what they need to establish a trade or business that will lift them out of poverty. The determining factor is the elimination of need, not the amount of money given.
  4. The Shafi’i School:
    Al-Nawawi states that the poor should be given from Zakat what suffices them according to their usual circumstances. If they are a craftsman, they should be given what they need for their tools; if they are a merchant, they should be given what will serve as capital for their business. This is an explicit statement on the permissibility of empowering productive individuals through Zakat. From these statements, it becomes clear that the four schools of thought generally agree that the goal of Zakat is to achieve sufficiency, and that economic empowerment falls within the realm of permissibility, indeed, it is preferable, in fulfillment of the intent of Islamic law.

Secondly, the objectives of empowering zakat:

Islamic law is based on a set of overarching objectives, the most important of which are: preserving life, preserving wealth, preserving human dignity, and achieving social justice.

Chronic poverty contradicts these objectives and leads to widespread moral, economic, and social imbalances.

From this perspective, empowering zakat achieves a number of higher objectives, the most important of which are:

  • Removing ongoing harm from the individual and the family.
  • Achieving financial sufficiency and independence.
  • Reintegrating the poor into the productive cycle.
  • Reducing perpetual dependence on aid.
  • Protecting society from inherited poverty.
  • This aligns with the established overarching principles of Islamic jurisprudence, including:
  • Harm must be eliminated.
  • Actions concerning the welfare of the people must be based on their best interests.

Therefore, adopting the empowering zakat model is not a departure from the spirit of Islamic law, but rather a contemporary and conscious manifestation of its overarching objectives.

Third, the reality of Zakat in Syria and the problem of data:

As of the writing of this study, there is no central national Zakat institution in Syria that issues official annual reports on the amount of Zakat paid and distributed. The country also lacks a unified national database due to years of conflict and institutional fragmentation.

A review of international reports indicates that a significant portion of Syrian Zakat is paid outside the country to support refugees and internally displaced persons, often categorized under general headings such as humanitarian funding or religious donations without precise classification.

Reports from both the UNHCR Refugee Zakat Fund and the OCHA Syria Humanitarian Fund indicate that tens of millions of dollars are allocated annually to support Syrians worldwide, a considerable portion of which is Zakat. However, there is no specific statistical breakdown dedicated solely to Syria.

Therefore, this study adopts a transparent estimation methodology and avoids asserting any specific figure that is not based on an independent and recognized statistical body.

Fourth, the estimated calculation model for empowering zakat:

The study adopts a hypothetical empowerment package of ten thousand US dollars per beneficiary, as a reasonable average for establishing a small, productive project in the Syrian context.

The number of beneficiaries is calculated using the following formula:
Number of beneficiaries = Total Zakat funds allocated for empowerment ÷ $10,000
1- Conservative scenario: $10,000,000
Number of beneficiaries annually: 1,000 families
2- Medium scenario: $30,000,000
Number of beneficiaries annually: 3,000 families
3- Ambitious scenario: $100,000,000
Number of beneficiaries annually: 10,000 families
Therefore, theoretically, within just five years, between 5,000 and 50,000 Syrian families could be lifted out of poverty if a significant portion of Zakat funds were allocated to productive empowerment instead of temporary consumer aid.

These figures remain estimates, but they reflect the enormous potential inherent in redirecting Zakat funds in a purposeful and systematic manner.

Conclusion:

Based on the foregoing, we recommend the formation of a specialized Sharia body to adopt the concept of empowering zakat, based on the four Sunni schools of thought. This body should prioritize sufficiency over mere temporary need and focus on empowerment over aid when the beneficiary demonstrates capability and readiness.

Furthermore, we in the Syrian Future Movement recommend the following:

1- Establishing an empowering zakat fund under the supervision of the Ministry of Religious Endowments and with oversight from civil society.

2- Allocating flexible ratios between empowerment and relief in the initial phase.

3- Implementing an evaluation and testing system for projects both before and after funding.

4- Building a database of impoverished individuals eligible for professional and economic empowerment.

5- Linking the empowering zakat project to a future vision for societal reconstruction.

6- Coordinating with Islamic financing institutions inside and outside Syria.

7- Publishing transparent annual reports to increase public trust in the project. Finally, this study has demonstrated that empowering zakat is not a concept foreign to Islamic jurisprudence, but rather an authentic extension of the principle of sufficiency established by the scholars of the four Sunni schools of thought. It also demonstrates its alignment with the objectives-based tools for addressing structural poverty in post-conflict societies, particularly Syria during its transitional phase.

Syria’s adoption of this model represents a civilized and ethical stance that restores zakat to its true role as a tool for development and a means of dignity, not merely charity.

References:

Ibn Qudamah, Al-Mughni, Dar Al-Fikr, Vol. 2, Book of Zakat

Al-Kasani, Bada’i’ Al-Sana’i’ fi Tartib Al-Shara’i’, Dar Al-Kutub Al-‘Ilmiyyah, Vol. 2

Al-Nawawi, Al-Majmu’ Sharh Al-Muhadhdhab, Dar Al-Fikr, Vol. 6

Al-Qarafi, Al-Dhakhira, Dar Al-Gharb Al-Islami, Vol. 3

Al-Shatibi, Al-Muwafaqat fi Usul Al-Shari’ah, Dar Al-Ma’rifah, Vol. 2

UNHCR, Refugee Zakat Fund Annual Report

OCHA, Syria Humanitarian Fund Annual Report

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