Earlier this month, the Fiqh Council of North America and the American Muslims Jurists Association put out a joint fatwa, backed by many of its key scholars, that ruled that it was permissible to give a portion of our Zakat to the political campaigns of Western secular politicians who were deemed as favorable to Muslims.

The councils also stated that, instead of distributing money to individuals, funds should be collected and managed by a designated organization. This body would consult with political experts to evaluate suitable candidates and then distribute the money accordingly.

As Zakat can only be given to the eight categories mentioned in the Quran, in the 60th verse of Surah Tawbah; these scholars have argued that the category this political spending would fall into is “those whose hearts need winning over” (mu’allafah qulūbuhum).

The fatwa cites classical opinions which state that non-Muslim leaders from whom harm is feared can be part of this category, and Zakat funds can be spent to avert their harm. The councils argue, especially in light of the carnage in Gaza, we would be justified in paying a portion of our Zakat to the election campaigns of politicians who may have a more favorable view towards Muslims both locally and globally. 

As Muslims, how should we understand a fatwa like this, and what does it say about the trajectory of our communal leadership?

 Understanding the Fatwa

To be clear, Zakat has classically been understood as being only payable to Muslims, and this is the majority view of the scholars.

Moreover, the category of mu’allafah qulūbuhum is considered abrogated by many scholars, and even those who consider it valid will generally restrict it to new Muslims, or those whom we can reasonably expect to accept Islam. But even if we consider the position that some non-Muslim leaders can be given a portion of the Zakat money to avert harm from them, is this what we would be doing by lobbying secular politicians?

The reality of liberal democracies is that individual elected officials hold almost no power in the system, and especially in regard to foreign policy, cannot oppose the working of the capitalist war machine. Let us examine the context of the US, where the fatwa was based.

Political scientists and writers refer to the institutions that form US foreign policy – the armed forces, intelligence and security institutions, and the think tanks, as a single entity with the sole interest of furthering American hegemony. Aside from mild disagreements within, the overall interests and goals of this group remain the same, and it does not matter whether the Democrats or the Republicans win any or all branches of government.

In simple terms, who exactly would Muslims support to meaningfully oppose Zionist aggression in Gaza. The Republicans, who have vociferously supported the IDF, and accused Palestinian children of being terrorists? Or the Democrats who passed many bills during the past 2 years of genocide to arm the Zionist entity.

Even if we talk about individual politicians, who would we be willing to support? Bernie Sanders, who affirmed Israel’s right to defend itself after October 7th? Alexandria Ocasio Cortez, who voted to fund the Iron Dome missile system? Or Ilhan Omar, who championed a bill that would punish the Muslim country of Brunei from opposing homosexuality, calling it brutal and saying that it would “violate the human rights of women, children and the LGBTQ+ community”.

Even at the mayoral level, Zohran Mamdani who has only been mayor of New York City for few weeks has already decided to keep on Jessica Tisch as the city’s police commissioner, even though she oversaw the crackdown of the Columbia University student encampment that was set up in solidarity with Palestinians.

He also recently endorsed Kathy Hochul as governor of New York state, a woman who famously said in reference to October 7th: “If Canada someday ever attacked Buffalo, I’m sorry, my friends, there would be no Canada the next day…That is a natural reaction. You have a right to defend yourself and to make sure that it never happens again.”

It should be clear that individual politicians, even those who may hold genuine sympathy for oppressed Muslims like Mamdani, hold very little power to avert harm being inflicted on Muslims. Furthermore, providing funds to a politician in return for policy decisions would constitute an illegal act of bribery.

Instead, they would be paying the costs to run an election campaign. In other words, there is no way of knowing whether this politician would even win, and no way of ensuring that they would consider any of our concerns after being elected.

Even if the position being adopted by the fatwa is considered valid, how can we compare paying a tribal leader who can command his tribe not to harm Muslims, with lining the pockets of consultants and campaign managers in the vague hope that their boss will be nice to us once elected?

The True Harm

It is not just that spending Zakat on these campaigns useless, it is actively harmful to Muslims. A political system is not some kind of neutral or objective set up, where any person with any set of values and principles can engage with it as they like. Rather, a political system has a set of beliefs, values, principles and a guiding ideology that shapes its form and structure. The political system you support says a lot about the values you hold as a person.

This fatwa is asking us to give our Zakat to campaigns that engage and call to the system of secular liberal Capitalism.

Core to this system are the values of personal freedom, and individualism. It sees society as a collection of individuals, each who should be given the maximum amount of freedom possible to pursue their self-interests.

What this results in is a society in which those born with the most wealth, connections or inherent skills are able to get wealthier and more powerful, with little regard for whether their actions are depriving or harming those weaker than them. This leads to harm for the poor through predatory financial practices.

It leads to harm to the young through damaging and addictive products like alcohol, gambling and pornography. It leads to harm to the family, as there is no conception of roles or purpose in the family structure.

What the scholarly councils are asking us to do is to strengthen this system by giving money to those who are calling for it. Because we know that no viable political party will run a campaign to oppose the system of capitalism, rather they will be campaigning on strengthening it.

This is more than just giving money to a bad person; it is funding their campaign of evil. It is the difference between offering a priest money to stop speaking badly about Islam versus funding his missionary work amongst Muslims in the hopes that he will be more respectful to them.

The first could be accepted, the second is impermissible in all circumstances. And they want us to use Zakat money to commit such evil! Rather, we know that Allah (swt) has given us a detailed and perspective system of laws and guidelines that guide our individual lives, our families, our communities and to our socio-political system. Allah (swt) tells us: 

“By your Lord, they will not be true believers until they let you decide between them in all matters of dispute, and find no resistance in their souls to your decisions, accepting them totally” [TMQ 4:65] 

To support and finance a campaign that invites people to find hope and guidance in a system that ignores and rejects revelation is not to avert harm from the Muslims; it is to cause the most grievous harm, the loss of our Iman.

Looking Globally – The Big Picture

What is even more striking is that this system of Capitalism that we are being asked to advertise is not just passively harmful to our identity as Muslims, it is actively working to prevent the Islamic revival in the Muslim lands.

It is this system of Capitalism that is trying to push liberalism into Muslim societies, that is indebting entire Muslim economies through riba (interest) and unfair trade, and that is usurping our resources. It is this global war machine that has devastated multiple Muslim lands and props up the brutal tyrants all over the Muslim world. And it is this system that has destroyed every home, school and hospital in Gaza, while shredding apart the bodies of our children.

And we are being asked to throw our Zakat at this system in the hopes that some of their powerless spokespeople will be nicer to us? 

Do We Have a Choice?

The common objection that is raised when people are questioned for their support of the secular politician is what choice do we have?

We live in this country, and should make some contribution to solve its societal problems, otherwise our values and our families will be harmed. This is undoubtedly correct. Muslims should always stand up for what is correct and true and benefit the societies in which we live.

There is no harm in Muslims organizing legal associations to ensure our deen is not being criminalized. Or to create media watchdog groups that will expose anti-Muslim bigotry in the mainstream media.

Or to create advocacy groups that can speak up against the opportunistic and bigoted politicians, while praising the good actions of elected officials.

We can and should pool our money for these endeavors, but this would not be Zakat funds. Zakat funds should be reserved for those who are in need of it: the impoverished, the indebted, those who are new to the faith.

 Our Trajectory

It should be clear that this fatwa demonstrates poor legal reasoning and a blinkered political view. But what it most importantly demonstrates is a complete lack of vision in our communal leadership as it relates to our mission as a global Ummah.

Instead of distorting a pillar of the deen, if they are truly concerned about Gaza as the fatwa states, should they not educate the Muslims on how Islam teaches us to strive for liberation?

Should they not be calling for us to work collectively as an Ummah to bring back the systems and institutions of Islam, the chief of which is a righteous Islamic leadership that mobilizes our lands and resources, including the Zakat funds, to oppose imperialism, and liberate the occupied people of Palestine, Kashmir, East Turkestan, the Rakhine province, and others?

It is imperative upon us to get involved in our communities with a clear understanding of our obligations, and to work collectively to learn about and work to revive the full societal visions of this deen. May Allah (swt) makes deserving of His Victory and make our genuine obedience a ransom for us on the Last Day.

Ameen.

“Believe in the message I have sent down confirming what you already possess. Do not be the first to disbelieve in it, and do not sell My messages for a small price: I am the One of whom you should be mindful. Do not mix truth with falsehood or hide the truth knowingly. Establish prayer, pay alms-tax, and bow down with those who bow down.” [TMQ 2:41-43]