Dar al-Ifta al-Missriyyah\nis one of Egypt\u2019s centers for Islamic legal research. It was established in\n1895 and is considered one of the earliest modern fatwa producing institutes.\nDar al-Ifta al Missriyyah is among the pillars of the religious foundations in\nEgypt, which include Al-Azhar Mosque, Al-Azhar University, Ministry of\nReligious Endowments, and Dar al-Ifta al-Missriyyah. It plays a significant\nrole in giving rulings to the masses and in consultation to the judiciary in\nEgypt.<\/p>\n\n\n\n
The fatwa starts by\nstating that the question of whether UNHCR can collect and distribute Zakat or\nnot is linked to several topics that need to be introduced before giving the\nfinal answer (all the points below are supported throughout the fatwa by\nreferences from books of Fiqh (Islamic jurisprudence)):<\/p>\n\n\n\n
Transferring\nZakat refers to distributing Zakat to people who are not at the place where it\nis collected at the time of its obligation.<\/p>\n\n\n\n
The opinion\nchosen for the fatwa is that it is allowed to transfer Zakat funds from a place\nwhere there are beneficiaries, to other beneficiaries abroad.<\/p>\n\n\n\n
This opinion\nrelies on the following arguments:<\/p>\n\n\n\n
This opinion is the one\nof the majority of scholars. The fatwa then mentions a list of scholars to\nprove this.<\/p>\n\n\n\n
Furthermore, the\nscholars who are against transferring Zakat abroad assert that it is allowed in\ncase of need. The fatwa quotes numerous references about this.<\/p>\n\n\n\n
The categories of\nlegitimate beneficiaries for Zakat are described in verse 60, Surah 9, in the\nQuran:<\/p>\n\n\n\n
{Zakat expenditures are only\nfor the poor and for the needy and for those employed to collect [Zakat] and\nfor bringing hearts together [for Islam] and for freeing captives [or slaves]\nand for those in debt and for the cause of Allah and for the [stranded]\ntraveller – an obligation [imposed] by Allah. And Allah is Knowing and Wise<\/em>}.<\/p>\n\n\n\n The scholars have\ndifferent opinions on the obligation of distributing Zakat equally to the eight\ncategories. The majority of scholars, including the Hanafi, Maliki and Hanbali\nschools, says it is allowed to distribute Zakat to only one of the eight\ncategories. It is even allowed for them to give it to one single person of one\nof the categories. This is the opinion chosen for the fatwa. The arguments for\nthis are as follows:<\/p>\n\n\n\n Regarding the Shafi\u2019i\nschool, even if the official opinion is that it is obligatory to distribute\nZakat equally between the eight categories, the scholars from the third\ngeneration follow the opinion of the majority when giving fatwa, because of the\nhardship of the official opinion. Some of them actually said: \u201cif Shafi\u2019i was\nalive today, he would give this fatwa.\u201d<\/p>\n\n\n\n Using an agent for\nZakat is allowed, as it is a financial right, like it is allowed for debts\nbetween human beings.<\/p>\n\n\n\n There is no difference regarding\nthis matter between the agent being Muslim or non-Muslim. This is the opinion\nof the Hanafi, Shafi\u2019i and some Hanbali scholars. Several Islamic books are\nthen quoted as references.<\/p>\n\n\n\n The fatwa mentions here\nthat it can be argued that taking these texts for our question is not the most\nrelevant, as they refer to a case where the agent is a natural person, not a\nlegal one. It then details the differences between a natural and a legal\nperson. It mentions that the concept of a legal person is present in the books\nof Fiqh, as it is the case for the Waqf, Bayt Al Maal (equivalent of a Ministry\nof Finance), mosques or companies.<\/p>\n\n\n\n It is obligatory for the Zakat donor\nto have the intention of giving Zakat when he or she gives Zakat, whether Zakat\nis given directly to the poor or through an agent who will distribute it to\nlegitimate beneficiaries. So the Zakat donor needs to make the intention that\nthis amount is his or her Zakat, because Zakat is an act of worship. It is not\nvalid without the intention. The Prophet (peace be upon him) said: \u201cVerily\nactions are by intentions.\u201d If the person owning the money made the intention\nwhen paying Zakat, then it is not required from the Zakat agent. In case of the\nZakat agent being non-Muslim, the Shafi\u2019i scholars require two conditions: the\nidentification of the Zakat receiver by the donor, and knowing that the former\nreceived Zakat.<\/p>\n\n\n\n The fatwa states that it does not\nsee these two conditions as being necessary in the case of UNHCR, because of\nthe difference between a natural and a legal person.<\/p>\n\n\n\n It is known in the Shari\u2019ah that\nZakat cannot be given to non-Muslims, as it should be taken from the rich\nMuslims and given to the poor Muslims, because of the hadeeth of Mu\u2019adh\nmentioned above. This is the opinion of the large majority of scholars. Some\nscholars like Ibn Al Munzir or Ibn Al Qudhama say that there is a consensus\namong scholars on this.<\/p>\n\n\n\n As for Zakat al fitr, it can be\ngiven to Muslims or non-Muslims alike according to Abu Haneefah and his student\nMuhammad. But the majority of scholars disagree and state that it has to be\ngiven to Muslims.<\/p>\n\n\n\n As for Sadaqah, this is more\nflexible than Zakat and can be given to non-Muslims, as long as they are not in\nwar with Muslims. The fatwa gives the arguments of the Quran and Sunnah to\nprove this.<\/p>\n\n\n\n If the word \u2018refugee\u2019 does not\nappear as such in religious texts, other terms with similar meanings can be\nfound, like protection, security or emigration.<\/p>\n\n\n\n The word \u2018protection\u2019 appears in\nthe verse 6 of Surah 9 of the Quran:<\/p>\n\n\n\n {And if any one of the\npolytheists seeks your protection, then grant him protection so that he may\nhear the words of Allah. Then deliver him to his place of safety. That is\nbecause they are a people who do not know<\/em>}.<\/p>\n\n\n\n As for the word \u2018security\u2019 it\nappears in the verse 125 of Surah 2:<\/p>\n\n\n\n {And when We made the House a\nplace of return for the people and [a place of] security<\/em>}.<\/p>\n\n\n\n As for \u2018emigrant\u2019 it appears in\nthe verse 8 of Surah 59:<\/p>\n\n\n\n {For the poor emigrants who\nwere expelled from their homes and their properties, seeking bounty from Allah\nand [His] approval and supporting Allah and His Messenger, [there is also a\nshare]. Those are the truthful<\/em>}.<\/p>\n\n\n\n Allah defined the categories to\nwhich Zakat should be given, and it is not allowed to give it to others.<\/p>\n\n\n\n The qualification of a person as\nbeing a \u2018refugee\u2019 does not necessarily imply that the person enters into one of\nthe categories. It depends on the situation of this refugee. Some refugees\nmight be rich, while others might be poor, even if the majority is indeed poor.<\/p>\n\n\n\n In practice the categories under\nwhich refugees generally enter are: the Fuqara (poor), the Masakeen (needy),\nthe Gharimeen (debtors), Fi Sabilillah (in the path of God) and the Abna\u2019\nSabeel (stranded travellers).<\/p>\n\n\n\n The Faqeer (poor) refers to\nsomeone who has no money or no way of earning enough to survive.<\/p>\n\n\n\n The Miskeen (needy) refers to\nsomeone who can earn enough money to survive, but not to cover his needs.<\/p>\n\n\n\n According to these definitions,\nthe Faqeer is in more need than the Miskeen. This is the opinion of the Shafi\u2019i\nschool, and other scholars are of the opposite position.<\/p>\n\n\n\n As for the Ghareem (debtor), it\nis of different categories. The one that is the closest to the situation of the\nrefugee is: the person who takes a debt for him\/her or for his\/her family for a\nlawful purpose. And when time comes to pay back, he or she does not have\nenough. <\/p>\n\n\n\n It is also the case of the person\nwho takes a loan for a forbidden purpose, but then uses the money for a lawful\npurpose; or takes a loan for a forbidden purpose, then repents.<\/p>\n\n\n\n Refugees can also enter under the\ncategory of Abna\u2019 Sabeel according to the Hanafi position that considers from\nthis category the person who is far from his or her money, not able to use it.\nThis can be the case for some refugees, who do have money and goods in their\ncountries but cannot reach or benefit from them.<\/p>\n\n\n\n The fatwa ends up with stating\nthat, from all of the above, it is allowed to give Zakat to UNHCR as an agent\nfor distributing it to the legitimate beneficiaries among the displaced populations,\neven if it implies transferring the money abroad. This is allowed if:<\/p>\n\n\n\n