Collecting Zakāt from Doubtful Wealth According to System of Government of Pakistan: A Legal and Sharīʿah Analysis

مشتبہ مال سے تحصیلِ زکاة میں پاکستان کا سرکاری نظم: قانونی و شرعی تجزیہ

Abstract

Zakāt, the third pillar of Islam, is a vital financial obligation aimed at social justice, wealth redistribution, and spiritual purification. While Islam places strong emphasis on the purity of wealth, the current mechanisms of zakāt collection, particularly in Pakistan, often lack scrutiny over the source of wealth being taxed. This study critically examines the jurisprudential and legal implications of deducting zakāt from bank accounts without differentiating between ḥalāl (lawful) and ḥarām (unlawful) earnings. It highlights the doctrinal foundations of zakāt, its historical enforcement, and the principles set by classical Islamic jurists regarding the legitimacy of wealth. The research points out that modern zakāt laws and state-run collection systems do not have established mechanisms to verify whether the wealth is earned through permissible means. The paper presents a comparative study of the opinions of jurists on whether zakāt is even obligatory on ḥarām income, many of whom argue it is not, since such wealth is illegitimate and must be disposed of differently. Furthermore, the study discusses the implementation of zakāt deduction policies in Pakistan since 1980, analyzing legal documents and administrative practices in light of Islamic jurisprudence. This research proposes reforms for incorporating ethical checks and religious principles in modern zakāt systems. It concludes by asserting that failing to distinguish between lawful and unlawful wealth in zakāt practices not only undermines the spiritual objectives of zakāt but also raises significant ethical and theological concerns.