Abstract
The aspect of <em>zakāh</em> management or administration is not regulated extensively in Islamic law. Since the dawn of Islam, <em>zakāh</em> management has become the field of <em>ijtihād</em> based on<em> mashla</em><em><span style="text-decoration: underline;">ḥ</span></em><em>ah</em>. And today, the practice of <em>zakāh</em> management in contemporary Muslim countries has been incarnating a wider area of experiment. In contemporary Indonesia, the Law Number 23 Year 2011 concerning <em>Zakāh</em> Management has been passed. This law, which become effective since 2016, caused upheaval within national Islamic philanthropy sector since it regulates national <em>zakāh</em> management currently dominated by civil society, based on “classical <em>fiqh</em> opinion” that only the state has authority to manage <em>zakāh</em>. This paper lift up an important conclusion that <em>zakāh</em> management entirely by the state is not be in effect unconditionally, but with many of qualifications. Moreover, the effectiveness of <em>zakāh</em> management by state relies heavily on the level of public trust against government, not by enforcement of the state. <em>Zakāh</em> management by the state is merely an instrument, not the goal itself. The ultimate objective that must be pursued is the delivery of <em>zakāh</em> to those who deserve it with optimum benefits.
Highlights
Regarding its central position in Islam as one of the most important formal rituals (‘ibâdah mahdhah), zakāh comes with comprehensive operational conditions, ranging from types of wealth on which zakāh is imposed on, the amount of zakāh, the limit amount of wealth before its zakāh is paid, the time limit of wealth ownership before its zakāh is paid, until the allocation of zakāh.the aspect of zakāh management or administration is not regulated extensively in Islamic law
Islamic history recorded that along with expanding of territory, growing of economy, and an ever-increasingly complex structure of government, policies related to zakāh management have changed dynamically from time to time, which seems to follow the principle of tasharruf al-imâm ‘ala ar-ra’iyyah manûth bi al-mashlahah
38/1999, zakāh in Indonesia was entirely voluntary on individual level
Summary
Regarding its central position in Islam as one of the most important formal rituals (‘ibâdah mahdhah), zakāh comes with comprehensive operational conditions, ranging from types of wealth on which zakāh is imposed on (mâl al- zakāh), the amount of zakāh (miqdâr al- zakāh), the limit amount of wealth before its zakāh is paid (nishâb), the time limit of wealth ownership before its zakāh is paid (haul), until the allocation of zakāh (mashârif al-zakāh). The formal, and explicit, argumentation of Indonesian government regarding centralization of zakāh management entirely by the state, as adopted by Law Number 23/2011, is officially written in DIM (Daftar Inventarisasi Masalah – List of Problem Inventarization) of Zakāh Management Bill, based on fiqh, history and contemporary practice arguments. Since the socio-political purpose of zakāh is to transfer wealth from the rich to the poor, the government as political authority was justified to use its power to achieve this goal In this spirit to realize the distributive economic justice, Abû Bakr fought those who refused to pay zakāh on livestock. Had Abû Bakr did not fight those who refused to pay zakāh amwâl al-zhâhirah, zakāh would have lost its political character and only become a personal ritual. While the ritual character of zakāh –the payment of zakāh of amwâl al-bâthinah and its delivery to mustahik– is always observed by the Muslim community throughout history as personal matter, without any state intervention
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