Housing project for the underprivileged of Syria

Question:-

Can Zakaah funds be utilized for a housing project for the underprivileged Muslims of Syria who qualify as recipients of Zakaah?

Answer:-

The Fuqaha have quoted a Mas’ala under the chapter of Ijaarah, where a person leases a piece of land from the owner and erects a building on it. When the lease agreement terminates, the lessee will be required to uproot his building and hand over the vacant piece of land to the lessor.

 ويجوز ان يستاجر الساحة وهي الارض الخالية من البناء والغرس ليبني فيها بناء او يغرس فيها نخلا او شجرا لانها منفعة تقصد بالاراضي كالزراعة فاذا انقضت مدة الاجارة لزمه ان المستاجر ان يقلع البناء الذي بناه والغراس الذي غرسه ان لم يرض    الموجر بتركها ويسلمها لصاحبها – اللباب كتاب الاجارة

The above-mentioned Mas’ala indicates that it is possible for one person to own the building whilst the land is owned by another. Based on the above, it will be acceptable to erect a building using Zakaah funds and hand it over to a recipient of Zakaah. In conclusion, the recipient of Zakaah will own the building only and not the land.

However, because Syria is a war-stricken country, it is possible that the structures you intend erecting with Zakaah funds may be destroyed even before the structures reach completion. In other words, during the construction it could be bombed or bulldozed to the ground etc. In such an instance, the Zakaah funds used will not be discharged since the recipient of Zakaah hasn’t yet taken possession of the building. It is only when the recipient of Zakaah takes possession of the Zakaah (whether in cash or kind) that the Zakaah is discharged.

Secondly, if the land is not owned by any individual as you have stated then who does the land belong to? If the land belongs to the state, then consent should be taken (from the state, if possible) before undertaking such a project. It seems that there is some level of consent and freedom for the citizens to occupy the land since they are currently residing in various areas in movable tents. However, we are not aware of the conditions and laws in Syria, making it difficult for us to comment on this particular aspect.

We therefore advise abstention from embarking on such a project particularly if Zakaah funds will be used.

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 24 Jumad-al-Ula 1443 / 29 December 2021