Does paying Zakat to rebels (Khawarij) or aggressors (Buğah) suffice for the owner?

Chapter on Zakat on Sheep

Al-Mughni

Book of Zakat

Book 8 · Issue 1 · Bab 3

Open in Qurani

Primary text

Paying Zakat to the Khawarij or Buğah suffices for the payer. This position is held by Ahmad, Al-Shafi'i, and Abu Thawr, as narrated by Ibn al-Mundhir concerning the Khawarij. This ruling extends to all rulers who collect Zakat; payment suffices whether the ruler is just or unjust, and whether the collection is forceful or voluntary. Companions such as Sa'd ibn Abi Waqqas, Ibn 'Umar, Jabir, Abu Sa'id al-Khudri, and Abu Hurayrah all agreed that paying Zakat to the reigning authority is sufficient, even when observing their disapproved actions. Similarly, Ibrahim stated that payment to the 'Ashsharun (tax collectors) suffices. Salama ibn al-Akwa' paid his Sadaqah to Najda, and Ibn 'Umar affirmed that paying Zakat to the collector of Ibn al-Zubayr or the collector of Najda suffices. The Ahl al-Ra'y hold this view regarding those who have established control. The justification relies on the consensus of the Companions in their era, which constitutes Ijma' (scholarly consensus), and because the payment is made to those possessing authority (Ahl al-Wilayah), akin to paying the Bughah.

Supporting text

Some scholars, specifically stating their view regarding the Khawarij who collect Zakat, rule that it does not suffice for the Zakat obligation if they collect the 'Ushur (tithe). Abu 'Ubayd ruled that those from whom the Khawarij collect Zakat must repeat the payment because the Khawarij are not considered legitimate Imams, thus resembling highway robbers.