Alms (Zakah) for Legal Aid for the Poor Facing Injustice in

Indonesia

Dewi Sukarti

, Afidah Wahyuni

and Hasyim.Asyari

Faculty of Shariah and Law, Syarif Hidayatullah State IslamicUniversity, Tangerang Selatan, Indonesia

Keywords: zakah, fatwa, social justice, legal aid.

Abstract: The abstract should summarize the contents of the paper and should contain at least 70 and at most 200

words. It should be set in 9-point font size, justified and should have a hanging indent of 2-centimenter.

There should be a space before of 12-point and after of 30-point. The main problem of alms (zakah) for

legal aid for the poor is that not many alms collecting organizations and alms payers realize the issue of

legal assistance for the poor. In fiqh books, which is adopted by the fatwa of Indonesian Ulama Council, the

recipients of the alms must be those within the eight categories, i.e. the poor (al-fuqara), the needy (al-

masakin), alms administrators (al-‘amilin), recent converts to Islam (al-muallafatu qulubuhum), those in

bondage or slavery (fi al-riqab), those under debts (al-gharimin), those in the path of Allah (fi sabilllah),

those in travel but cannot reach their destination without financial assistance (ibn al- sabil). The method

used for collecting data for this paper was literature study, the data collected was followed with thematic

analysis through which data are related to each other. The objective of this study is to find legal basis for

giving legal aid for the poor, and to find the impact of this fatwa on the development of alms for legal aid

for the poor. This paper found that the Quranic categories of recipients, especially the fuqara, masakin,

gharimin, and fi sabil Allah are used as legal basis for giving legal aid for the poor. Another finding is that

Dompet Dhuafa and the Indonesian Ulama Council have given birth to new interpretation of the categories

of zakah recipients by allowing zakah distribution for legal aid and advocacy for the poor. Since the fatwa

is relatively new, only the organization that asked for this fatwa, i.e, Dompet Dhuafa, that utilizes this fatwa.

It may need time for the other alms collectors to initiate the program of alms for justice.

1 INTRODUCTION

Alms for legal aid is a relatively new issue in

Indonesia and not yet found in the other Muslim

world. It was Dompet Dhuafa who asked for the

fatwa on alms funds for advocacy and legal aid for

the poor for their confidence in working with

advocacy and legal aid for the structurally poor

people funded by alms funds.

The Fatwa Commission of the Indonesian

Ulama Council held their sixth national meeting in

Banjarmasin in May 2018. Among the issues that the

fatwa commission discuss was the alms funds for

legal aid for the poor and legal advocacy. The fatwa

commission studied questions from the society as

follows: 1) is it permissible to use the alms fund for

legal aid? 2) is it permissible to take advantage of

the property alms for advocacy of legal system in

order for the legal system in accordance with

shari’ah and justice?

The Fatwa Commission of the Indonesian

Ulama Council issued a legal opinion (fatwa), which

is followed by argumentation. The fatwa was that: 1)

The distribution of alms funds for legal aid is

permissible, on the following conditions that first,

the recipients of the legal aid are Muslims; secondly,

the recipients of the alms funds for legal aid are

treated unjustly (mazlum); thirdly, such legal aid was

not given to the cases against religion. 2)

Distribution of the alms fund as intended in number

1) is because they are within the categories (asnaf)

fuqara, masakin, and/or gharimin whose legal cases

are being processed; 3) In cases of defending legal

cases relating to the interests of Islam and Muslims,

the distribution of alms can be to the group of fi

sabil Allah,; 4) Distribution of alms funds for the

sake of developing a

just legal system is permissible,

which is categorized as the group of fi sabil Allah;

5). Development of a just legal system that can be

funded with the alms funds as intended by no.

4) has

objectives as follows: a). guaranteeing the law in

Sukarti, D., Wahyuni, A. and Asyari, H.

Alms (Zakah) for Legal Aid for the Poor Facing Injustice in Indonesia.

DOI: 10.5220/0009919501330139

In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 133-139

ISBN: 978-989-758-458-9

133

accordance with Islam; b). guaranteeing the public

good (maslahah ‘ammah); c). guaranteeing the

protection of religion, life, reason, posterity, and

property; d). correcting the government policy that

may be against religion.

The Indonesian Ulama Council’s

argumentations are normative and empirical.

Normative argumentation posed by the Indonesian

Ulama Council are first, Quran Surah 9:60 “indeed

the shadaqat (interpreted as zakah (Kathir, n.d, 350-

352.) are for the poor (al-fuqara), the needy (al-

masakin), alms administrators (al-‘amilin), recent

converts to Islam (al-muallafatu qulubuhum), those

in bondage or slavery (fi al-riqab), those under debts

(al-gharimin), those in the path of Allah (fi

sabilllah), those in travel but cannot reach their

destination without financial assistance (ibn al-

sabil).” Second normative argumentation is Surah

30: 39 “what you have given in the form of zakah

for the sake of loving Allah are those who multiply

(the rewards).”

The Indonesian Ulama Council posed Imam al-

Maraghi’s interpretation in his work "Tafsir al-

Maraghi" Volume IV Page 145, that: "Sabil Allah

(literally God’s path) is the path leading to the God’s

love and reward. The term God’s path refers to

people who wage war for the God’s cause. In a

narration, Imam Ahmad included pilgrimage to

Mecca (hajj) as well as all efforts for public good

into the term of God’s path.

In addition, the Indonesian Ulama Council

posed another argumentation that Imam ibn

Taimiyah in his work Majmu Fatawa (25/82)

permitted giving alms with that which has the same

value if the value has utility for the recipients. In his

words “giving the value of alms object because of

needs, goodness, and justice is permissible, for

example when those who have rights to the alms

request that the alms be given to them in the form of

its value because it will be more advantageous to

them, then they should be given in accordance with

their wishes. It is also the same when the alms

administrator (‘amil) is of the opinion that giving– in

the form of value – is more advantageous to the poor

“(Majelis Ulama Indonesia, 2018: 63-64.). That’s

the legal reasoning of the fatwa.

Social background of the fatwa was that

although article 28 D verse (1) of the

amended

Indonesian Constitution dictates that

“everybody has

the rights to acknowledgement, guarantee,

protection, and just legal certainty as well as equal

treatment before the law”. Such a normative

assurance sometimes is not the same as the social

fact that legal services cost a lot of money, which is

burdensome to the poor. For the poor facing a legal

case, therefore, alms overcome their burden and help

embody the principle of equality before the law.

Giving alms for legal aid is considered to be

advantageous to the poor who are facing legal cases.

Dompet Dhuafa as the largest alms collecting unit

since 2015 has been giving legal aid and advocacy

for poor Muslims facing legal cases. Muslim identity

is highlighted here since the source of the fund for

legal aid is alms, one of Islamic core tenet, called the

pillar of Islam (arkan al-Islam).

2 DISCUSSION

Zakah (alms) is a religious obligation or obliged

giving for Muslims, one of five core tenets of Islam.

The others being testimony of faith to Allah as the

only God and Muhammad as His messenger

(shahadah), prayers five times a day (salah), fasting

in Ramadan (saum), and pilgrimage to Mecca (hajj)

in Zulhijjah.

The word “zakah” is an Arabic word that means

purification or purity--to designate that zakah giving

is to purify the zakah givers’ wealth and heart—and

to grow. Zakah purifies not only the zakah payers’

wealth from the others’ rights but also the human’s

heart from sinful sense of greedy, hedonistic, self-

indulgent, ignorant of the others’ rights (Jahar,

2017:1; Reksitas, N.D: 9). The Quran has informed

that human beings are niggardly, that like to hoard

wealth as much as they can. Allah says in Surah

17:100: “Say: If you control the Treasures of the

Mercy of my Lord, you would withhold them, for

fear of spending them: for man is ever niggardly!”

Maslow’s hierarchy of needs, love of wealth is quiet

lower of human dignity, it is just above the lowest

needs, i.e. breath (air), food, clothing, and shelter.

After having been successful in achieving the

survival level and security level, even at a higher

level (self-esteem needs) human beings still need

recognition and achievement, (Rivera, 2006: 303)

that sometimes consist of recognition of being the

wealthiest, i.e. hoarding wealth the most.

An ethnographic note reports that people pay

zakah to protect their remaining wealth from being

stolen, getting lost or going missing or unblessed

wealth that brings about misfortune to the owner of

the wealth (Retsikas, N.D: 9).

According to the Quran, zakah is also defined as

growth. Quran gives a parable of a seed, when a

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seed is planted it grows to a tree and yield fruits, not

only a fruit—that contains much seeds—but also

many fruits. Similarly, when one’s wealth is

distributed to rightful recipients, one’s wealth does

not lessen due to the giving but grows as reflected in

the Surah 2:261: “Those who spend their wealth in

the path of God is like a seed that grows seven fruits

and within each fruit a hundred seeds. Allah

multiplies (the reward) for whom He wishes…” That

is the God’s blessing for those who give that

becomes the spirit for Muslims to give, one of them

is through the institution of alms. Therefore,

according to an ethnographic note, Muslims pay

zakah not only as a form of worship, but also to get

more rewards here and hereafter. People believe that

here in the world rewards of zakah payment are like

the addition of livestock, more harvest, more wealth;

and more happiness; and in the hereafter on the

judgment day, those who did not pay zakah (while

they were well to do so) will meet face to face with

their withheld wealth for their sins of not paying

zakah (Reksitas:9).

Pious Muslims have to pay zakah because their

wealth belong to God. According to the Quran Surah

3: 109 and 2: 284 everything in the sky and on the

earth belongs to God. As the wealth belongs to God,

the wealth must be spent (in God’s path) according

to Surah 2:267: “O believers, spend a part of the

good things of your earnings and a part of what We

produced from the earth for you. Do not choose the

bad things to spend from while you yourself do not

want to take it except by one eye…”

Therefore good Muslims may enjoy “the God’s

wealth” sufficient to meet his/her needs only, and

return the rest to God through giving the wealth to

rightful recipients, i.e. the poor (al-fuqara), the

needy (al-masakin), alms administrators (al-

‘amilin), recent converts to Islam (al-muallafatu

qulubuhum), those in bondage or slavery or,

according to al-Qaradawy, the colonized people (fi

al-riqab), those burdened by debts (al-gharimin),

those in the path of Allah (fi sabilllah), those in

travel but cannot reach their destination without

financial assistance (ibn al- sabil).

So far, discussions on zakah payment and

transfer have been discussed with perspectives of

obligation, moral, and rights. From the Quranic

order to spend the wealth from human earnings and

the earth’s production, and from the hadith saying

that zakah is one of five pillars of Islam, comes the

obligation perspective. Most traditional scholarships

discuss zakah from the obligation perspective, in the

sense that the well to do Muslims are obliged to pay

zakah on their property. The moral perspective lies

in Surah 3: 109 and 2: 284 that says that everything

in the sky and on the earth belongs to God. As

everything in the world belongs to God, it is morally

suggested that human beings in general, and

believers in particular, distribute the God’s wealth

for the other human beings that need assistance. The

perspective of rights comes from the Quran Surah

9:60 that dictates the categories of rightful recipients

of zakah (asnaf); and Surah 51:19 that states:

“within their wealth exists the rights (haqqun) of

those who ask for it and those who do not ask for it.”

Na’im and Halim discuss the perspective of rights in

zakah. According to Naim, rights based approach to

zakah and the other Islamic philanthropic funds is

important for the promotion and protection of

philanthropy for social justice goals (Na’im and

Halim, 2006: 4). Rights-based approach to zakah is

the approach that stresses the strong moral and

social entitlement of the poor and disadvantaged

segments of society to assistance and support from

the well to do segments of society as a right, rather

than as condescending pity (Na’im and Halim, 2006:

11). The recipients of zakah have rights to receive

assistance with respect to their dignity as human

beings. Having the feeling of respect as a human

being, rather than condescending pity is important to

embody social justice. The feeling of pity to the poor

and the other disadvantaged segments of society is

condescending and unproductive for social justice

projects that try to realize equality (Na’im and

Halim, 2006: 12).

Na’im and Halim are aware from the outset that

there would be tensions in society of this approach,

which is actually based on interpretation of the

Quran Surah 70: 24-25 “and the people who within

their wealth are known rights (haqqun

) of the poor

who ask for it and who do not ask for it.” (Na’im

and Halim, 2006: 4, 13).

The Indonesian national zakah collecting

organization, BAZNAS, shows that the payment of

alms (zakah) reaches the amount of $270 million per

annum. So far BAZNAS distributes the alms fund

for various programs: education and scholarship,

charity and disaster response, health services, micro

financing, zakah community development, and

strategic analysis. The zakah community

development includes: economic, education, and

health empowerment, environment conservation,

community based da’wah, and disaster ready

villages (Noor and Pickup, 2017: 10-11). Thus from

the programs of BAZNAS, there is no program for

legal justice issues.

Dompet Dhuafa. as the first and the largest

zakah, infaq (endowment), sadaqah (gift) collecting

unit that is managed professionally and transparently

Alms (Zakah) for Legal Aid for the Poor Facing Injustice in Indonesia

135

has long been distributing the alms, infaq, and

sadadah to economic, educational and scholarship,

health, and disaster and conflict sectors. In 2015

Dompet Dhuafa started to also work on legal justice.

The Center for Legal Aid of Dompet Dhuafa was

established in 2015 after the many demands from the

poor for legal aid.

The DD’s innovation of establishing the center

for legal aid may result from the fact personally the

head of the center for legal aid of Dompet Dhuafa

once worked as a lawyer at LBHI (the Indonesian

Institute for Legal Aid). The LBHI’s concept of

legal aid and legal advocacy for the poor is adopted

by Dompet Dhuafa in cooperation with LBHI. For

funding of the legal aid and legal advocacy for the

poor, Dompet Dhuafa is funded with alms funds.

Three years later, after the MUI issued a fatwa on

the permissibility of distributing alms funds for legal

aid and advocacy for the poor, as a reply to the

question raised by Dompet Dhuafa, DD becomes

firm and confident

with their chores. So far the cases

that the DD tackle include litigation and non-

litigation cases, ranging from accompaniment for the

labors against their employer, the poor’s control of

land rights, legal consultation for the poor, legal

assistance at detention house for the poor who have

pro bono lawyers yet, legal advocacy in labor

unions and in majlis taklims, consumers’ rights, etc.

(www.dompetdhuafa.org).

The issue of legal justice—in the form of giving

legal aid and advocacy—for the poor has long been

the core task of LBHI. LBHI go beyond the

conventional scheme of legal aid and develops

Public Interest Litigation with its legal aid for

structural poor (Saleh, 2007: 19-20). LBHI used to

help the structurally poor people facing law and

advocate them to have knowledge and power to help

themselves face the law and the state. The concept

of Legal aid for the poor started at the Roman age.

At those times giving legal aid were for moral,

political, and philosophical reasons. Legal aid was

for gaining social support to the king. At the middle

age, the motivation changed to charity, and along

with it grew nobility and chivalry that people adore.

Since the French and American Revolutions till

modern age, motivations of giving legal aid were not

only charity or humanitarian but also political rights

which were guaranteed constitutionally. Recently,

the concept of legal aid is related to the ideal of

welfare state so that governments help the program

of legal aid as a part of the governments’ missions of

welfare and social justice (Nasution, 2007:4).

Again, legal aid is related to social justice.

Although the concept of social justice in the world

of philanthropy was known for the first time in the

USA as helping NGOs that have core works on

structural change and capacitation for poor societies

in economic, social, and political areas and try to

eradicate the root causes of social injustice and

offers sustainable efforts for the poor to help

themselves (Fernandez, 2009: 27-28), social justice

has been known much earlier in Islamic tenet and

scholarship. The tenet of zakah contains social

justice by which the Muslim haves distribute their

certain amount of wealth for their Muslim brothers

and sisters who are in certain situations. Fuqara

(sing. faqir), according to the schools of Shafiite and

Hanbalite are the people who cannot meet even a

half of their primary needs. According to Hanafite

school of law, the standard of faqr is having less

than one nisab of wealth in any forms to meet their

primary needs. According to Malikite and Imamite,

the term refers to the people who cannot provide the

primary needs of their families for a year. Masakin

(sing. miskin), according to Hanafite, Malikite, and

Imamite, are those whose economy is better than the

fuqara, at least the masakin are able to meet a half of

their primary needs. Alms administrators (‘amilin)

are those

whose works are collecting the alms, their

right to alms is a form of reward or payment of their

works. Ruqab (sing. riqab) are those who buy a

slave or slaves in order to set them free. Zakah is a

mechanism to eradicate slavery. Although

according

to the schools of Islamic law there is no slavery

anymore today (Mughniyah, n.d: 282-289),

Qaradawi is of the opinion that colonization is

similar to slavery. Thus, alms may be distributed to

Muslims being colonized, however, the term may

not be loosely extended, living in colonialized is

indeed unbearable, thus they can be included into the

recipients of alms, but not in the category of fi al-

riqab, but fi sabil Allah (Qaradawi, ,n.d.: 47). The

other extension of interpretation of the asnaf are

those suffering from HIV for their medical

treatment, as HIV medical treatment cost a lot of

money that may make their families fall into

destitute –fuqara or masakin or gharimin (Ebrahim,

2014: 52). The same extension of the interpretation

of fi sabil Allah is setting women free from

trafficking, thus alms fund can be used to set women

free from trafficking.

The other groups of zakah recipients are

gharimin, fi sabil Allah, and ibn sabil. For those who

are under debts (gharimin), zakah fund may be used

to pay their debts. Debts for personal reasons, such

as debts by those hit by natural disaster that have

destroyed their assets and force to have debts in

order to meet their basic needs (Qaradawi, vol. 2.

N.d: 49), or debts for financing their cases

settlement in courts while they do not have assets to

get them rid of their debts, can be paid from zakah

funds. Likewise, those who work for social activities

that force them to be in debt, such as reconciling two

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persons in dispute, may be given zakah (Qaradawi,

n.d.: 52). Fi sabil Allah (literally means on the path

of God, or in the other word for the cause of God) is

the people who work for public good, such as those

who wage war for God, those who keep mosques,

teachers who teach unpaid or underpaid, and many

other positive activities for social good are grouped

into on the path of God (Mughniyah, N.D: 287).

Lawyers who go to police detention and to court to

defend the poor facing legal cases can be considered

on the path of God. Therefore, they deserve the alms

for their transportation and courts’ administration

costs. According to Hanafite school, those work on

the path of God (social work) deserve the alms for

transportation and expenses needed by the “social

work” otherwise their social work will be impeded

or deterred (Qaradawi, n.d.: 57). Whereas ibn sabil

is somebody who travels to the other place and does

not have any money to reach the destination.

Distributing alms for the poor facing legal

cases, so far as they are poor Muslims and being

treated unjustly, are permissible under the categories

of alms recipients of fuqara, masakin, gharimin, and

fi sabil Allah. Questions are raised regarding the

prerequisite of religion (Muslims). Is that against the

principle of social justice or discriminating against

non-Muslims who

are also poor and facing legal

cases? According to traditional view,

the pre-

requisite of religion is because the source of fund is

from zakah fund, which is a core tenet of Islam. The

eight categories of the zakah recipients is the rule for

zakah distribution. Traditional interpretation of the

ruling is that zakah distribution is limited to

Muslims only, it is not permissible to non-Muslims.

It is in line with this view that the Indonesian Ulama

Council when issued a fatwa on zakah funds for

legal aid to the poor requires religion (Muslims) as

prerequisite for receiving the alms funds. The poor,

the needy, the wayfarer must be Muslims in order

for being eligible as recipients of zakah funds.

However, according to Fauzia, many Islamic

philanthropy organizations put humanity first in

philanthropy by utilizing infaq and shadaqoh (gift)

institutions. Thus, they play safely, in one hand

while complying with fiqh on the other hand also put

humanity first regardless of the recipients’ religions

(Fauzia, 2018: 10-13). Thus giving legal aid for non-

Muslims is permissible by utilizing non-zakah funds.

By non-discriminating such philanthropy finds it’s

social justice basis.

In fact, social justice is not alien to Muslims and

Indonesians. Islam has much earlier introduced the

concept of social justice as in Surah 4:58: “should

you try among human beings you try them justly”

Surah 57:25: “we sent down messengers with clear

signs and sent down with them the Book and

measure in order to establish justice among the

people.” There are many other Quranic surahs and

verses that order justice, for the believers, justice is

close to fear and submission to God.

The concept of social justice was written by

Sayyid Qutb in his book, al-‘Adalah al-Ijtima’iyyah

fi al-Islam, which was published for the first time in

1949. According to Qutb, justice does not mean

similarity of possessions and social status. Human

beings may vary in their wealth as Islam does not

demand equality of wealth among Muslims,

variation is even natural (sunnatullah), but human

beings have mutual responsibility in which the rich

help the poor and vice versa because human beings

have love, mercy, and mutual responsibility among

themselves. Among the methods of social justice in

Islam, according to Qutb, lies in the forms of

worship, i.e. zakah and shadaqoh (endowment)

(Qutb,1995: 28-30, 65-67). A hadits says: “. . . Allah

has made it obligatory for them to pay zakat which

will be taken from the rich among them and given to

the poor among them . . .” The social stratification

that separates the rich from the poor is bridged with

zakah. The good relation between the two classes of

society is important in making the society intact.

According to Qutb, establishing justice is the

duty of all human beings irrespective

of their

beliefs, sexes, colors, etc. Qutb’s definition

justice is following God’s way. Only God’s way that

is just to all human beings since it is neither

influenced by human desire nor biased because

God’s justice is free from human desire and interest

(Rahman, 2000: 105, 108). If it is analyzed, electing

recipients of zakah funds may be biased if it based

on human’s desire. Since God has already dictated

the eight asnaf as requirement to be eligible as

recipients of zakah fund, then Muslim administrators

of alms fund comply with that ruling.

In the same line, Ibnu Khaldun said that justice

is the application of shariah law to human affairs.

Al-Afghani was also of the opinion that justice may

be established and maintained in the society who has

higher religion. Islam is viewed as the religion of

justice (Rahman, 2000: 106-108). Interestingly, by

interpreting Surah 57:25: “We sent down

messengers with clear signs and sent them down

with them the Book and measure in order to

establish justice among the people”, Qutb was of the

view that justice is the goal of all the scriptures

(Rahman, 2000: 109).

Indonesian constitution and principle also

contain basis of social justice. Article 28 D verse (1)

of Indonesian Constitution regulates that, “everyone

has the right to acknowledgement, guarantee,

protection, just legal certainty as well as equal

treatment before the law”. Thus, the concept of

Alms (Zakah) for Legal Aid for the Poor Facing Injustice in Indonesia

137

social justice has been familiar to Indonesians. The

Five Principles known as Pancasila reaffirms the

concept of social justice in its fifth principle, social

justice for all Indonesian people. All Indonesian

people and social organizations must comply with

the Indonesian constitution and principle in working

on humanitarian work.

Dompet Dhuafa when distributing Islamic

philanthropy fund try to comply with the

constitution and the five principle since the founder

and the head of its center for legal aid was a lawyer

of the Indonesian Institute for Legal Aid (LBHI), as

a non-discriminative organization. Due to the source

of the fund for legal aid at Dompet Dhuafa’s Center

for Legal Aid is Islamic Philanthropy, they must

comply with the fatwa of the Indonesian Ulama

Council on zakah fund for legal aid for the poor that

require Muslims as the basis of electing the

possible

recipients.

The Indonesian Ulama Council seems to be

orthodox in this issue, especially when requiring

religion as the prime basis of recipient of zakah

fund. The orthodoxy of Indonesian Ulama Council is

logical since they are the guardian of Islamic (Sunni)

orthodoxy (Ichwan, 2012: 168). According to

Ichwan, the Indonesian Ulama Council is a semi-

official religious authority that has a character of

puritanical moderate Islam that base their legal

opinions (fatwa) on Sunni orthodoxy (Ichwan,

2013:61). Nevertheless, the fatwa provides many

principles such as fuqara, masakin, gharimin, and fi

sabil Allah that may be

utilized for interpreting legal

advocacy and giving legal aid for the poor.

The Indonesian Ulama Council has run its

function of serving the Indonesian Muslims by

providing fatwa. The Indonesian Ulama Council in

responding questions from the Indonesian Muslims

reflect that law must follow society and social

changes. Changes within the society about recipients

of zakah as well as form and methods of zakah

distribution has made the Indonesian Ulama Council

thought about the new interpretation and application

of Islamic law on the categories of zakah recipients.

In this case, the society and the Indonesian Ulama

Council have given birth to new development of

zakah distribution.

3 CONCLUSIONS

As a home to majority Muslim, Indonesia has

potential for having much fund from Islamic

philanthropic funds, especially zakah, which is

obligatory to Muslims. The Quran, Hadith, fiqh, and

fatwa have delivered the concept of zakah and its

recipients, known as asnaf (categories of recipients)

Modern challenges to Islamic law about the eight

asnaf have been raised. A literature in Saudi raised

the issue of sufferer of HIV as possible recipient of

the zakah fund. Previously, there was also a

literature on an issue about the use of zakah fund for

liberating sexual worker in the other country.

Indonesia raised the issue of giving legal aid and

advocacy from the zakah fund, which is permissible

under the principles of fuqara, masakin, gharimin,

and fi sabil Allah. New interpretation of the asnaf to

the real situation needs confirmation from

authoritative body such as the Indonesian Ulama

Council.

The Quranic categories of recipients, especially

the fuqara, masakin, gharimin, and fi sabil Allah are

the text used as legal basis for new interpretation of

recipients and distribution of zakah, whether giving

legal aid for the poor is permissible by Islamic law.

The fatwa is a legal opinion issued on questions

from Muslim society that needs legal status of

contemporary issues. Development needs law and

development brings about new law. Dompet Dhuafa

that worked on giving legal aid and advocacy for the

poor help the birth of new law or legal opinion.

From then on Dompet Dhuafa, LBHI, and the other

organizations that work for social justice feel

confident in utilizing zakah funds for legal aid and

advocacy. Since the fatwa is relatively new and or

most of the zakah collecting organizations are

traditional, only apply the conventional

interpretation of the eight asnaf only the

organization that asked for this fatwa, i.e, Dompet

Dhuafa, that has utilized this fatwa. However, this

fatwa opens the door for the other zakah, infaq, and

sadaqah collecting organizations to follow Dompet

Dhuafa, so that social justice philanthropy develops

better in Indonesia.

Following Na’im and Halim of the concept of

rights based philanthropy, legal aid and advocacy for

the poor are the rights of the poor. Recognizing their

rights for legal aid and legal protection is a way to

achieve social justice for all.

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