Q&A (Fatwa)

#271: Ruling on Withholding Zakāt

Question

IS WITHHOLDING ZAKAT APOSTASY

As-Salaamu Alaykum, please what of the case of sayyidina Abubakar on the battle of apostate regarding zakat, the sahabas later agreed with him that they have apostatize because of abstinence of paying zakah, pls sheds some light, Jazakhallahu khayran

ANSWER

Wa alaikum salaam Wa Rahmatullah Wa barakatuh, it’s a common mistake people make to refer to all the battles Abubakar As siddiq engaged in as battles of apostasy. Although there was indeed some based on apostasy because of the people that claimed to be messengers from Allah like musailamah. However, regarding the Zakah, they were basically fought for not implementing the Zakah and were forcefully resisting implementing it with weapons.

This is called امتناع بشوكة
Forcefully resisting to submit to some aspect of the shariah.

Although the shariah ask the Muslims to wage war against all that forcefully resist submitting to an aspect of shariah, not all that forcefully resit submitting to some aspect of the shariah are seen as apostates.

Just as in the case of as siddiq, some groups that refrained from Zakah were just new comers to Islam, others had a tawil of understanding the verse of giving Zakah. They said it was only restricted to the rasul alaihi salam and does not apply to anyone other than him. Others refrained from Zakah because of miserliness, while others never believed in the institution of Zakah and saw it oppressive and we’re ready to fight for their rights.

This was discussed by imam Abu Suleiman Al khatobi and mentioned by imam Al Bagawi in sharh as Sunnah. 5/489-490.

Although all groups were different based on their reasons for not submitting, they all had one thing in common. They were forcefully resisting to submit and we’re ready to defend their cause with arms even if it cost their lives.

Thus, the companions all agreed on fighting them based on the verse.

And fight them until there is no fitnah and until the religion, all of it, is for Allah. Quran 8/38

This was the understanding of Ibn Taymiyyah as in majmoo Al fataawa 545.

And Allah knows best.

Jazaakumullah Khairan
Baarakallahu feekum

Answered by Abu Hafs

3rd Ramadan 1438A.H

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