Zakat: Mufti's justification throws issue into confusion

The heat has only turned up following the argument forwarded by Federal Territory mufti Wan Zahidi Wan Teh defending the use of zakat money to pay legal fees involving a minister and two other senior officials.

Both PAS and PKR said Wan Zahidi's response on the matter only blurred the issue further, since it had been earlier stated that the sum taken out from the zakat funds had been repaid and therefore no abuse had taken place.

At the centre of the controversy are minister in the Prime Minister's Department Jamil Khir Baharom, Federal Territory Religious Department (JAWI) director-general Che Mat Ali and Shariah chief prosecutor Shamsuddin Hussain. The legal fees involving the trio, who were being sued by Opposition Leader Anwar Ibrahim over their failure to act upon a qazaf (false accusation of illicit sex) complaint against Saiful Bukhari Azlan, was paid using zakat money belonging to Federal Territory Islamic Religious Council (MAIWP).

Although this was confirmed by Jamil's own deputy Mashitah Ibrahim in a parliamentary reply last year, Jamil had vehemently denied that zakat money was ever used for the purpose. Yet, it was pointed out that the RM63,650 taken out from the fund had been repaid using a government grant.

However, Wan Zahidi's argument that paying for legal fees using zakat money was nothing wrong as officials discharging duties were among those who 'strive in God's way' - a category of people deserving zakat - had raised more eyebrows and sparked strong reactions.

"Even if true that the zakat money used for Jamil Khir was ‘in defence of the sovereignty of Islam', why then was the amount repaid?

"Why was the payment not considered as zakat paid to one of the groups deserving zakat (asnaf)? asked PAS Youth's information chief Riduan Mohd Noor.

Riduan also expressed regret that Che Ali had resorted to 'justifying the means' in his defence.

He reminded that Anwar's suit was due to the failure of the Islamic authorities to take action based on Islamic laws against Saiful.

"Is it not Anwar who should be considered 'defending the sovereignty of Islam' for wanting to bring his case to the Shariah court in accordance with Islamic laws, though his right had been denied and he was tried by the civil court?" asked Riduan.

Why deny if halal?

Riduan said Jamil's denial, followed by the justification over the use of zakat for his legal fees, only proved that he had lied, "and finally admitting through the excuse that the money was for the purpose of 'defending the sovereignty of Islam'."

Meanwhile, PKR today made good its promise to lodge a police report against Jamil, Che Mat and Shamsuddin, urging an investigation over the matter.

"If it is ‘halal’ to use zakat funds in this instance, why didn’t Jamil Khir say so from the start? If it is legal, he doesn’t have to be ashamed,” PKR communications director Nik Nazmi Nik Ahmad was quoted as saying by The Malaysian Insiders outside the Dang Wangi police headquarters.

Earlier, Nik Nazmi produced two documents to disprove Jamil's denial. They include a payment voucher dated April 29, 2010 for RM32,150 from MAIWP, clearly stating the use of zakat funds, and a letter from Auditor General Ambrin Buang to chairman of the Public Accounts Committee, Azmi Khalid, confirming the use of zakat money to pay the trio's legal cost.

-Harakahdaily