It's jihad, says mufti in defence of Jamil over zakat row
| Harakahdaily, | 11 January 2012 |
Jan 11: Taking pains to explain that his officials were among those in the eight categories of people deserving zakat, Federal Territory mufti Wan Zahidi Wan Teh threw his support behind minister in the Prime Minister's Department Jamil Khir Baharom who is embroiled in the controversy surrounding use of zakat funds to pay for legal fees.
Wan Zahidi (right) said the Federal Territory Islamic Law Consultative Committee (JPHSWP) found nothing wrong with the act of using zakat funds to pay for legal fees involving those discharging their official duties, claiming them as being among those who are 'striving in the way of God', or jihad fi sabilillah.
Referring to the Federal Territory Islamic Religious Council's approval of using zakat money to pay for legal costs, Wan Zahidi said: "JPHSWP had applied the opinions of ulama who interpreted asnaf fisabilillah (zakat-deserving category of those striving in the way of God) as covering a wider scope and not just for jihad," he was quoted as saying by Bernama.
His answer is the first such response from a mufti over allegation that Jamil, Federal Territory Religious Department (JAWI) director-general Che Mat Ali and Shariah chief prosecutor Shamsuddin Hussain used zakat money to pay their lawyers representing them in a suit by Opposition Leader Anwar Ibrahim.
Anwar, who was acquitted by the High Court on Monday of the sodomy charge, had earlier sued the trio for their inaction over his qazaf (false accusation of illicit sex according to Shariah) complaint against sodomy accuser Saiful Bukhari Azlan.
Prior to this, Federal Territory PAS Youth urged the country’s muftis to speak out on the matter.
“The question is not whether the money has been returned, but whether the zakat can be used for personal interest. As the minister responsible for Islamic affairs, he (Jamil) should be accountable,” the wing's deputy leader Mohamad Suhaimi Abdul Aziz said.
Jamil's denial
It was earlier revealed that RM63,650 from zakat funds were used to settle the legal fees, but the money was repaid six months later after a government grant to MAIWP, of which Che Mat was its secretary at the time he approved the payment through the council's zakat fund.
Wan Zahidi's defence of Jamil (left) comes despite a denial by the latter that zakat money had been used to pay his legal fees. Earlier today, PKR communications director Nik Nazmi Nik Ahmad produced documents to disprove Jamil's denial.
Justifying it further, Wan Zahidi invoked names of prominent Muslim jurists such as Fakhrul Razi and Shaykh Rashid Rida, saying the latter had interpreted the phrase 'in the way of God' as "everything that touches on the interests of the Muslim community in administering and enforcing Islamic law".
"Therefore, I am of the opinion that there has been no misuse of zakat funds as alleged," he added, though he did not explain whether failure to act upon Anwar's qazaf complaint could be regarded as "enforcing Islamic law".
Zakat, a tax calculated annually and imposed on eligible Muslims, is the third pillar in Islam and often mentioned alongside Prayer and Fasting in the Qur'an. According to Zakat laws in Islam, the eight categories deserving help from the fund, or asnaf, are (1) destitutes, (2) those in poverty, (3) those tasked with zakat collection, (4) those who embraced Islam and needing help, (5) bonded slaves, (6) those who borrowed for basic needs and unable to pay such debts, (7) those who fight in jihad in the way of God, and (8) those who are stranded during a journey.
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