Jamiat KZNJamiatul Ulama KZN

Using Zakaat for burial expenses

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FatwaFiqhInheritancezakat

Question

Can we use Zakaat money to assist in the burial and funeral expenses of the deceased who did not own anything and did not leave anything for his heirs? The deceased family does not own anything as well?

Answer

One of the primary requisites of discharging ones Zakaat is to discharge it to an eligible recipient of Zakaat by making him the owner of it i.e. Tamleek (giving him full ownership of it) must take place.

A deceased person does not have the capacity to take ownership, hence the requirement of Tamleek is not fulfilled irrespective of whether he was a Zakaat recipient or not. Hence Zakaat cannot be given to the deceased for his/her funeral and burial expenses.

However, if the deceased’s family members qualify as recipients of Zakaat, then a person may give Zakaat to them and they may, in turn, use it for the funeral and burial expenses of the deceased if they wish. (Hindiyyah 6/392)

And Allah Ta’ala Knows Best

Answered by
Mufti Ebrahim Desai
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