Issues Related to the Poor and the Needy and the Ruling on Demanding Them to Repay Their Debt

Abstract

This research undertakes an in-depth study of the legal issues pertaining to the poor (Al-Faqir) and the needy (Al-Miskin) within Islamic Sharia, emphasizing the critical importance of their welfare and the religious obligation to spend on them, particularly the self-restrained group who do not persistently beg. The study commences by defining Al-Faqir and Al-Miskin linguistically and terminologically, elucidating the scholarly divergence regarding which of the two is in greater need. The dominant view supported by the research posits that the poor (Al-Faqir) are in severer need than the needy (Al-Miskin), evidenced by their precedence in the Qur'an regarding Zakat expenditures and the Prophet Muhammad's seeking refuge from poverty. Subsequently, the research examines the categorization of the poor and the needy in the Qur'an and Sunnah, detailing the three types of the poor mentioned in the Qur'an (those restricted in God’s path, the emigrants dispossessed of their homes, and the rightful beneficiaries of charity). The paper confirms their elevated status in the Sunnah, citing traditions that indicate the poor will enter Paradise before the rich and narrating the Prophet’s wish to be resurrected among the needy. The study then focuses on the religious exhortation to provide financial support to them, demonstrating this as a manifestation of the leniency of Islam. The paper proceeds to discuss the most significant jurisprudential issues concerning them, notably: their entitlement to Zakat funds as the first two categories mentioned in the verse of At-Tawbah; the requirement of full ownership (Tamleek) of Zakat funds by the poor recipient; and the ruling on advancing Zakat payment before the lapse of the lunar year (Hawl). The researcher selects the view that prohibits acceleration, based on analogy with the non-advancement of the obligatory prayer time. The final section is dedicated to the ruling on demanding the poor and the needy to repay their debts. The research affirms the mandatory nature of granting a respite to the debtor in hardship (Al-Mu'sir) and the prohibition of demanding repayment from them, relying on the juristic consensus and the Qur'anic verse: ﴿ وَإِنْ كَانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلَى مَيْسَرَةٍ ﴾ (If the debtor is in straitened circumstances, then grant him a delay until a time of ease). The research concludes by underscoring the necessity of monitoring their conditions and establishing initiatives to alleviate their poverty.