Why was the Share of Mu'allafa al-Qulūb in Zakāt Abolished? A critical analysis of the Ḥanafī Scholars’ Justifications

Abstract

The muallafa al-qulūb (those whose hearts are to be reconciled) are listed among the people to whom zakāt can be given in the Qur’ān, and it is known that the Prophet sometimes gave a share of the zakāt to this group. However, Umar opposed the giving of zakāt to some people to whom the Prophet had given a share from this fund after her death, and other mujtahid ṣahābe, especially the caliph Abū Bakr, did not object to her opinion. This situation, has been interpreted by some jurists, including the Ḥanafīs, as meaning that the share of the muallafa al-qulūb in zakāt with all its varieties has ended permanently. For this reason, according to the Ḥanafīs, it is not permissible to give zakāt to this group. This article seeks to identify and critically evaluate the justifications presented by Ḥanafī jurists for their stance. It finds that Ḥanafī jurists relied on five primary arguments to substantiate their view: “The muallafa al-qulūb was a limited group of people who lived during the time of the Prophet”, “The effective cause (illa) for granting zakāt to muallafa al-qulūb no longer exists”, “The adoption of the maqāsid-wasāil distinction and the emphasis on the tacit approval (manan taqrīr)”, “The consensus of the Companions that the ruling is abrogated abrogated”, “Since the purpose cause (al-illa alghāiyye) of the ruling has been eliminated, zakāt cannot be given to the muallafa al-qulūb.” In our opinion, this view is based on an erroneous interpretation of Umar's approach, and for this reason, it is understood that the Ḥanafī jurists faced serious difficulties in explaining and justifying this view. It has been concluded that the justifications put forward for this purpose are weak in some places, inadequate in explaining and proving the view, inconsistent with some principles of the uṣūl al-fıqh, and when some justifications are taken into account, they will lead to unacceptable results.