KHUMS Considerations  

You are are temporary custodian of ALL Wealth . HE is the real owner who has endowed you with its temporary custody to test you for  its proper use

It is WAJIB ( obligatory) & not the ‘mustahab’ (recommended) sadaqa/ charity as sometimes perceived 

It is the Right of Imam /Sadaat & has to be given fully in time . We may condemn those who usurped the Right ( fadak) of Sy Zehra(sa) but must examine ourselves whether we too hold on to her right in the form of Khums 

The implication of not giving Khums and/or not giving correctly is very severe . Use of the money on which khums has not been paid to buy House , clothes ,food can  result in the Invalidity/Non Acceptance  of other acts of worship like Salat /Fasting & other deeds incl Charity done !

Calculation 

It must therefore be carefully calculated to ensure amount is not less than due.

So Ehtiyat on higher side may be used in calculation .However when giving the money out one should intend that I am giving it to fulfil the khums and if there are any extras Im giving them for that ehtiyat not that they are wajib .

One must ensure only legitimate expenses are deducted from savings .khums paid /Investments made /Loans given not returned in time etc are not to be reduced

 TIMELINESS

It falls due ON the date of expiry of the ‘Year’ & cannot be delayed even for a DAY ! 

Though permission can be obtained from Marjas rep to delay, it is not advisable to delay ,as it means depriving the poor /other causes of help needed soon

Just taking out  khums amount out of the bank or putting it aside doesnt mean that you can use the rest of the profits that you have earned for that yr.I.e. you may only use the rest of the money AFTER giving the khums to the representative of the marja or else RECEIVE the money on his behalf after his permission

This is especially the case if there is no difficulty in arranging funds to disburse.

The Pretext of ‘proper’ distribution may not be a valid reason . Payment of ‘estimated amounts’ for khums on the already earned profit/saving for the the year itself  may also be made in advance of date during same year

Disbursement

 Khums is NOT your money, It belongs to Imam /Sadaat 

The BEST & Easiest method is to hand over full amount to the Representative on or before the date due & insist on a reciept signed by an Authorised office of YOUR ( not any) Marja (see attached)

For sehme Imam it is ihtiyat wajib (obligutary precaution)to give it to Marja & for sahme sadat It is 'ihtiyat mustahab' to give to the marja

This absolves you of your obligation irrespective of how the amount is used . In addition it is also not permissible to speak ill about the representatives collecting the amount See code of practice book extract below. 

Self disbursement ‘after’ obtaining permission from Marja/ rep is possible BUT has foll 5 issues a-e :- 

a) There are strict conditions for Qualifying as Recipient both for Sehme Sadaat http://www.islamic-laws.com/matters/Khumsnotes.htm#SEHME SADAT  ( see below) & Sehme Imam as well  

b) It  requires an ‘assessment’ with others (maybe some trusted friends) about the genuineness of the case/request ( both for Tabligh & Welfare) ,perceived benefit /priority to community   .This can never be 100% correct , some portion disbursed may not reach recipient  or get wasted /used for other purpose etc

c) Minhaj says “ It is highly recommended that these (khums) funds & spent with the clear intention that it is on behalf of the Imam . In most cases the recipient of the amount is grateful & profusely thanks the giver ,though technically he is only disbursing amounts belonging to Imam atfs..This has a high chance of affecting the heart /pride /sense of doing charity . In addition it is possible to have mixed intentions & consider oneself as a donor instead .

d) If everybody paid his own dues as perceived by himself & trusted his judgment , the Central Marja Authority would get less/no funds for world priority matters . The Marja clearly mentions that He is ‘well informed’ of priorities & its ehtiyat wajib to leave it to his discretion see below QA

588. Question: Is it permissible to use the sihm-e Imam (a.s.) in charitable projects while there are tens of thousands of believers who are in need of bread, cloths, etc.?

Answer: In using the sihm-e Imam (a.s.), it is important to consider the principle of priorities. It is a matter of obligatory precaution, the determination of “most important vis-à-vis the more important” should be left to the discretion of the most learned jurist who is well informed about the general situation.

 e) One has to verify the document by which  Authority is delegated to the Rep if he is the one who permits self disbursement ( ie does he have authority to permit delay , authorize others for self disbursement )

Remember Khums is only ONE part of the Rights of others on your wealth .Its a small portion (20% of savings after u spend – not wealth)  and must NOT be considered as completing your obligation .Ther eis a danger it can result in no further ‘Charity ‘ beyond disbursing this amount belonging to Imam . It is charity & sadaqah & donations in HIS way,beyond this obligation that HE promises to multiply by 700 in the Quran 

Verifed by Shaikh M Najaf

More here http://www.islamic-laws.com/khums.htm 


Extract from a WF document http://www.world-federation.org/IslamicEducation/Good+Practice+Guides/Good_Practice_Guide_Disbursement_Huqooq_Funds.htm 


http://www.islam-laws.com/books/codeofpracticeforwest/58.htm

586Question: If a person has doubts about the integrity of a representative of the marja as a result of alleged misappropriation of religious dues;

 (a)Is he allowed to talk about it to other people, even if he is not certain about the truth of the allegations levelled against the representative? What if he is certain about them?

(b)Is he allowed to still pay his religious dues to that representative as long as he is uncertain about his not being trustworthy?

Answer: (a) It is not permissible for him [to talk to the others about it] in both situations. In the second case [of certainty], he can inform the marja‘ directly in complete confidence about the real situation so that the marja‘may take whatever action he deems appropriate.

(b) He should rather pay his religious dues to a representative who is known for his integrity and honesty in acting according to his ijãza, i.e. in using some portion of what he has collected of it in their appropriate causes as mentioned earlier and sending the rest to the marja‘.

 

 


  From Sayyid Rizvis booklet at al-islam.org

Some Thoughts On Khums

 

A. Khums: a Charity or a Duty?

In our evaluation, we judge a person by his deeds. This is so because we, as human beings, cannot know the motives of the doer. But does Allah judge the people in the same way? Allah will not judge the people by looking at their deeds; He will instead judge by looking at their motives. The Qur'an says,

"Verily Allah accepts (the good deeds) only from the pious people."(5:27)

In the introduction, we mentioned there are two levels by which Islam aims to create and preserve the economic equilibrium in society: individual and collective. Under 'individual level,' we talked about charity which is a voluntary good deed. Under 'collective level,' we talked about the taxes which Islam has made obligatory upon the Muslims.

Khums and zakat come under the second category and, therefore, it should never be looked upon as an act of charity. Rather, it is a duty, an obligation which must be fulfilled whether one likes it or not. In fulfilling this obligation, you must train yourself to pay khums and zakat with the intention of seeking the pleasure of Allah. It should be done fi sabili 'l-lah.

We must emphasize that doing a deed is one thing but its acceptance or rejection by Allah is something else. The former does not guarantee the latter. It is the motive which will be crucial in acceptance or rejection of one's deed. To use khums, whether on a personal or organizational levels, as a leverage to promote oneself is very detrimental to the spirit of khums.

I am especially concerned about the emphasis put on accrediting as 'donors' the persons or organizations who give khums for valid Islamic causes.

They should take a moment to think whether the sihmu 'l-Imam which they are giving is owned by themselves or Imam Mahdi (upon whom be peace)? If it belongs to the latter, then why insist on getting credit for it as the donor? If any acknowledgment is to be made, should it not go to the Imam?

B. Do Others Also Give Khums?

Another issue is that of pride, or I should say arrogance, in giving khums. There are some who give khums on a regular basis (may Allah increase their numbers), but have also become victim of `ujb. `Ujb means a sense of self-righteousness in which one looks down upon others. Such people think that they are the only ones who pay khums!

This happens because of ignorance about others. `Ujb does not harm anyone but its own victim. Such a person will suffer from a wrong sense of pride and will lose the most important means of spiritual development known as self-criticism.

One should be aware that every country or group of people goes through financial ups and downs. If, today, you are financially on a good footing and give khums, while others are on the receiving end -- this does not mean that those who receive khums have been the same during all times in their history!

The best case in our time is India: After the British colonization of that country, in particular after its independence, the Muslims of India have gone through a very difficult financial crisis. The Shi`ahs have suffered even more. Their present plight should not be taken as a sign that they have always been at the receiving end of charity. There was a time not long ago when the Shi`ahs of India (especially during the Shi`ite Oudh sultanate in North India) were the main financial supporters of the centers of learning in Iraq.1

The Shi`ahs in the Oudh and even in the southern sultanates of pre-British India had contributed greatly to the growth of their faith and community in that part of the Muslim world.

Train yourself to give khums, zakat and charity without injuring the feelings of the recipients. Allah says,

"O you who believe! Do not nullify your charity by reproach and injury (to the recipient), like the person who spends his wealth to show it to the people..." (2:264)

C. Khums Dependency Syndrome

I would also like to express my thought about the attitude which some of our religious organizations in Europe and North America have adopted to the issue of khums. The Shi`ahs in India, Pakistan and East Africa have built many religious centers in their countries. After migrating to the West, it is pleasing to note that they carried on the tradition and have built religious centers in their adopted homelands.

However, there is one important difference between the immigrant Muslim communities in the West and their ancestors in Asia and Africa. The latter built the centers mainly by the contributions made from their own money. Whereas the former have to large extent built their centers with the khums fund. I do not want to imply or suggest that the use of khums for such purposes is not right; but I am worried about the habitual dependency on khums by our organizations.

I have named this mentality as "the khums dependency syndrome". Whenever we think of a worthwhile project, we immediately look at the sihmu 'l-Imam as the first and the main source for financing that project. This is not to deny that often the local resources are not sufficient. But it seems to me (and I pray to Allah that I be wrong) that we are gradually forgetting how to give from the remaining 80% of our excess wealth towards worthwhile causes, and are getting into the habit of depending on khums!