Fatwa no.
21061
All praise be to Allah Alone, and peace and blessings be upon the last Prophet. To proceed:The Permanent Committee for Scholarly Research and Ifta' has examined the letter sent to (Part No. 8; Page No. 238) His Eminence the Grand Mufty by His Highness the Director General of the Department of Missions Affairs, subordinate to the Ministry of Higher Education. The letter was sent under number B4/12452, and dated 24/6/1420 A.H. It was transmitted to the Committee from the Secretariat General of the Council of Senior Scholars under number 3378 and dated 26/6/1420. His Highness has asked the following question:We want to put before the reverent Committee that the Ministry of Higher Education is responsible for supervising disabled students in sanatoriums outside the Kingdom. These students receive monthly allowances that have accumulated into large sums with the passage of years, which now amount to more than one million Saudi riyals. As some of these sums are invested in Islamic banks, this led to the accumulation of their annual revenues. These funds are still in the banks after the completion of a Hawl (one lunar year calculated from the time a property reaches the minimum amount upon which Zakah is due), which makes Zakah (obligatory charity) due on them. Since the Zakah cannot be returned to the Ministry, it has been suggested that it should either be spent on children of Saudi parents residing in that country who are stranded and have no financial resources, or be transferred to philanthropic associations in the Kingdom to disperse to recipients deserving of Zakah. Please provide us with the opinion of the Committee regarding the two opinions mentioned above, or advise if there is a preferable third opinion.We then contacted the hospital to get more details about the question. His Highness the Director General of the Department of Missions Affairs replied with the following letter, number B4/14213, and dated 16/71420 A.H.: (Part No. 8; Page No. 239) We sent letter number 12452, dated 24/6/1420 A.H., enquiring about the opinion of the Permanent Committee regarding
the Zakah due on the money of disabled students residing outside the Kingdom.
The reverent Committee asked for some information from the representative of the Ministry, Dr.
Sulayman ibn `Abdul-Rahman Al-`Anqary,
the former cultural attaché in
the Arab Republic of Egypt,
when he met His Eminence the Grand Mufty of the Kingdom and their Highnesses the members of the Permanent Committee on Tuesday, 10/07/1420 AH, at the headquarter of the Permanent Committee in the General Presidency of the Departments of Scholarly research and 'Ifta'. Thus it is our pleasure to report the following:1- A monthly allowance is given to each disabled student from the budget of the Ministry, and is deposited into the bank account of the cultural attaché.2- The funds referred to here - which remained after the completion of several Hawls - belong to mentally retarded persons who cannot dispose of the scholarship money allocated to them. Moreover, the parents of many of them do not want to draw on these balances, and other parents have no contact with the cultural attaché.By virtue of his work, the cultural attaché is the person who receives this allowance money (Part No. 8; Page No. 240) and deposits it into his bank account, where he spends from it on the needs of each disabled person and invests the rest for their benefit.We hope that this meets all requirements and that the reverent Committee will provide us with the opinion of their Eminence the Shaykhs.
After studying the Fatwa request, the Committee answered that the issue covers the following cases:
The first case:
The disabled person can be of legal age and have sound mind. Those in this category should be informed of the amount of Zakah due from them upon the completion of a Hawl. The cultural attaché who is responsible for them should deduct the value of the Zakah from the account of the disabled person - after asking his permission - and pay it on their behalf to the deserving recipients of Zakah, i.e. the poor, the needy, and the other categories of the deserving recipients of Zakah.
The second case:
The disabled person can be underage or mentally retarded, but have a guardian, whether be it his father or anyone else. For those in this category, it is their guardian who should be informed of the amount of their balance and the amount of Zakah due from them upon the completion of a Hawl. They should also be notified that the Zakah money can either be sent to them to be paid to the Zakah recipients or that they should authorize the attaché in this regard.
The third case:
The disabled person can be underage or mentally retarded, and have no guardian, or have a guardian who abandoned him. The cultural attaché is officially responsible for the affairs of those in this category, and should deduct the sum of Zakah due from the balance of the disabled person and pay it to the deserving recipients of Zakah, i.e. the poor, the needy, and the other categories of the deserving recipients of Zakah. (Part No. 8; Page No. 241) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.