Charitable aspects in Islamic Law

The conventional perception of charity in Islam is often limited to the practices of Zakat (almsgiving) and the occasional acts of Sadaqah. However, this understanding only scratches the surface. A deeper examination of Islamic jurisprudence reveals that the concept of charity is deeply woven into the very fabric of the faith, designed to cultivate a society grounded in fairness and justice. This principle underscores the belief that wealth is ultimately a trust from Allah (the Arabic term for God, or one Creator), and it is a spiritual duty for individuals not to confine their wealth to personal use, but to contribute to the well-being of the broader community.

Bequests ('wassiyah'- the intention to gift a share of assets/property).

The majority view is that it is permissible to provide 1/3 of the deceased's assets/property to non-heirs. The remaining 2/3 would be according to faraid (the obligations and guidelines are set out clearly in the Qur'an, specifically Surah-An Nisa). The scholars understand that the remaining 1/3 of assets/property cannot be given to an heir, unless all other heirs agree after the passing of an individual. One may question why this is the case? The reasoning is because there is a focus on the rights of the heirs being fulfilled, therefore there is a limitation of 1/3 for the bequests to non-heirs.

This practice could be seen to connect to our belief as Muslims to be temporary guardians of wealth, and that Allah is the true owner. It has already been decided by Him how a significant portion of our wealth should be distributed according to His wisdom. This also shows how the distribution of wealth not only protects and shapes society, but promotes fairness and justice in families as the purpose of the faraid is to protect the rights of the inheritors and to prevent family disputes.

When one is drafting their Islamic will, it would be advisable to appoint an Islamic Estate Advisor especially when there are complicated assets and matters so that the faraid is accomplished and the rights are fulfilled.

From a technical perspective, the charitable dimension of bequests might appear 'limited' and perhaps even contradictory, especially given the significant emphasis on societal welfare. However, it is important to recognise that caring for one's family and fulfilling their rights is, in itself, an act of charity. As the Prophet Muhammad (Peace and Blessings be Upon Him) stated, "If a man spends on his family with the sincere intention of seeking Allah's reward, it is considered a form of almsgiving." Therefore, by prioritising bequests to one's close relatives, one does not forfeit the opportunity for charitable acts; rather, this approach ensures that one's immediate family is cared for first, which in turn contributes to the broader well-being of society. Although it may initially seem restrictive, this practice ultimately aligns with the spirit of charity in Islam.
Sadaqah Jariyah (voluntary charity) for the deceased

The beauty of the religion is that there are many opportunities to attain goodness even passed death. Muslims believe that deeds dictate the condition of the afterlife, therefore there is an emphasis of performing goodness in this world, and also we are given the courtesy to extend our goodness in the next world after death, one of which ways is by charity. This is known to ease the condition of the grave and expand the blessings of the afterlife.

From a fiqh (jurisprudence) perspective, there is unanimous consensus amongst the scholars that charity benefits the deceased.


With regard to charity, it was narrated in al-Sahihayn from `Aishah that a man said to the Prophet (PBUH): "My mother died suddenly and she did not leave a will, but I think that if she could have spoken she would have given in charity. Will she have a reward if I give in charity on her behalf?" The Prophet (PBUH) said: "Yes." (Narrated by al-Bukhari, no. 1388; Muslim, no. 1004)


This concept is profoundly comforting and beautiful, reflecting Allah's love for His servants and believers in two distinct ways:

1. Through His boundless generosity, Allah offers believers opportunities to beautify their afterlife. Remarkably, by improving the lives of the less fortunate in this world, believers simultaneously cultivate gardens of paradise and accumulate mountains of good deeds for the deceased. This illustrates the kindness and wisdom of Allah and the perfection of the guidance given to us by the Prophet Muhammad (PBUH).

2. The heart of a loved one is often deeply grieved when faced with the loss of a dear one. For the faithful, this belief provides a powerful source of solace, reassuring them that the deceased continues to benefit from acts of goodness, thereby easing their sorrow.

Waqf - as the on going charity

These are known as endowments- a philanthropic practice involving Muslims to donate specific assets to be invested in the long run with the purposes of benefiting the wider society.

The great example of Uthman ibn Affan ( RA- 'raddiyAllah-hu anhu'- May Allah be pleased with him)
Uthman ibn Affan (RA) had bought a well for 20,000 dirhams from a man who was charging people to drink from the well. Upon buying the well, Uthman ibn Affan (RA) allowed people to drink from the well whenever they wanted. He was then asked by another companion to sell his well to him, however Uthman ibn Affan (RA) refused informing him that he has been offered much more. The companion asking to buy from him would increase his offer, but the response of Uthman ibn Affan (RA) would remain the same. He has been famously reported to have said "Allah has offered ten times the reward for charity given to Muslims".
Interestingly, in the Ummayd dynasty, dates began to harvest and grow around the well which was then donated on Uthman ibn Affan's behalf.

An amazing fact is that this well remains present to this very day which many are benefiting from. Saudi Arabia had made the decision to transform it into a modern plantation; half was provided for the orphans and widows of society and the other half was reinvested, which is still continuing today. His efforts have also resulted in using the funds to develop hotels near Masjid al Nabawi. Imagine the reward he receives for each person staying there?! Currently, disbursements from this charity, established by the noble companion Uthman bin Affan, exceed SR50 million monthly.

A key aspect of the excellence of this religion lies in its encouragement for its adherents to think ambitiously and envision grand possibilities when it comes to projects and business ventures. Central to this principle is the notion that wealth should not be used selfishly but rather as a means to serve others. Engaging in such actions, I believe, elevates a person's honour, status, and moral character. Additionally, we are encouraged to navigate the material world with intelligence and with our skills, balancing worldly success with ethical and communal responsibilities.

Qard Hasan (Benevolent loans)

This is an interest free loan (this could be considered as being in between charity and a loan) and provided on a good will basis. This would usually be utilised for social justice purposes, particularly for non-profit organisations and charitable institutions. The Borrower will only repay the amount he borrowed. However, as a gesture the Borrower may increase the repayment but this is not required.

The benefits of this type of loan includes, that:

1. Irrespective of the interest rates, it does not make a difference to the amount borrowed and does not carry the implications of a traditional loan i.e. the initial amount being borrowed increasing due to the economic conditions.

2. The repayment schedule is based upon the Borrower's capabilities which is of course agreed between the Lender and Borrower.

3. It is a charitable act and an act of kindness which is rewarded by Allah.

4. This is a key retributive instrument which ensures social co operation and support for the community in building.


Evidences:
"Who is he that will give Allah Qard Hasan? For Allah will increase it manifold to his credit." (Qur'an 57:11)
"If you give Allah Qard Hasan ... he will grant you forgiveness." (Qur'an 64:17)
"Establish regular prayer and give regular charity and give Allah Qard Hasan." (Qur'an 73:20).

Qard Hasan places significant emphasis on understanding the circumstances of others and showing mercy in matters of financial assistance. There is a profound saying that suggests when someone is in financial need, it is not truly they who are in need, but rather the person who has the responsibility to help is the one 'in need.' This is because offering assistance in such situations is a crucial opportunity for one's own spiritual growth and afterlife. It is deeply ingrained in a Muslim's character to be swift in offering help, recognising that perhaps Allah has chosen them for this task. Thus, one should seize these moments, understanding that it is ultimately the donor who gains the most.

By Sahiba Ullah, Legal Researcher at AL-HQ Law & More