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The Administrative and Jurisprudential Challenges Affecting the Collection of Zakat by a State von Abdul Latif, Laila (eBook)

  • Erscheinungsdatum: 04.09.2015
  • Verlag: GRIN Publishing
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The Administrative and Jurisprudential Challenges Affecting the Collection of Zakat by a State

Research Paper (undergraduate) from the year 2012 in the subject Law - Miscellaneous, grade: A, University of Nairobi (School of Law), course: Public Finance and Financial Services Law, language: English, abstract: State controlled zakat collection is the most effective way of collecting zakat. However, this system is not without challenges that inhibit the size of zakat revenue to be realized. These challenges are administrative and jurisprudential. A number of publicists have written several books and articles on the collection of zakat by a state. However none of them have considered the fact that this system faces challenges when it comes to the collection of zakat. This research, therefore, has attempted to add to the existing literature by identifying what these administrative and jurisprudential challenges are that affect the collection of zakat by a state. Muslim scholars have also been identified who have consistently since the time of the Prophet (peace be on him) argued for the collection of zakat by a state, but have failed to discuss that this system may be facing administrative and jurisprudential challenges that limit the revenue collected through zakat. These scholars were more concerned with the philosophies behind arguing a case for the collection of zakat by a state. Consequently, this research took upon the task of investigating through the case study approach what challenges certain selected countries faced in the collection of zakat, and whether these challenges are administrative and jurisprudential in nature and accordingly pointed out some recommendations that would aid in overcoming the identified challenges. Laila Abdul Latif is a corporate and litigation lawyer with Rachier & Amollo Advocates in Kenya. She holds a first class undergraduate law degree from the University of Nairobi, a Master of Laws in Public Finance and Financial Services Law from the same university and a Master of Arts in Development and Governance from the University of Duisburg-Essen in Germany. She has also trained with the University of Münster in Germany on international taxation. Her research areas focus around tax practices and their impact on African economies, Islamic law and finance, administrative law as well as developing a financing framework for the right to health for the African continent. She has a wide range of international experience having researched for the European Commission and the World Health Organisation. She has widely published on tax and issues surrounding the right to health. Lately, she is focusing on development and governance concerns in the African continent.

Produktinformationen

    Format: ePUB
    Kopierschutz: none
    Seitenzahl: 73
    Erscheinungsdatum: 04.09.2015
    Sprache: Englisch
    ISBN: 9783668040908
    Verlag: GRIN Publishing
    Größe: 752 kBytes
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The Administrative and Jurisprudential Challenges Affecting the Collection of Zakat by a State

1. INTRODUCTION

1.1 Background

Zakat is the obligation of almsgiving within Islam. [1] It is the third pillar [2] of Islam and is a requirement for all believers. [3] This research concerns the collection of zakat by a state and its administrative and jurisprudential challenges. History has shown that the collection of zakat used to be done at the state level since the time of Prophet Muhammad [4] (peace be on him) [5] , until the downfall of the Islamic rule through colonization [6] during the 18th and 19th centuries. [7] As a result of the colonization of Muslim lands, there has been a discontinuity in the collection of zakat by the state for centuries. [8] However, this research has identified that some of the Muslim countries have begun to institutionalize the collection of zakat by choosing to implement the compulsory zakat collection system. This is a system where the government is responsible for the assessment, collection and distribution of zakat. [9] Some examples of countries already operating this system are Pakistan [10] , Saudi Arabia [11] , Sudan [12] , and Yemen [13] .

1.2. Statement of the Problem

State controlled zakat collection is the most effective way of collecting zakat. [14] However, this system is not without challenges that inhibit the size of zakat revenue to be realized. These challenges are administrative and jurisprudential. A number of publicists [15] have written several books and articles on the collection of zakat by a state. However none of them have considered the fact that this system faces challenges when it comes to the collection of zakat. This research, therefore, has attempted to add to the existing literature by identifying what these administrative and jurisprudential challenges are that affect the collection of zakat by a state.

Muslim scholars [16] have also been identified who have consistently since the time of the Prophet (peace be on him) argued for the collection of zakat by a state, [17] but have failed to discuss that this system may be facing administrative and jurisprudential challenges that limit the revenue collected through zakat. These scholars were more concerned with the philosophies behind arguing a case for the collection of zakat by a state. Consequently, this research took upon the task of investigating through the case study approach what challenges certain selected countries faced in the collection of zakat, and whether these challenges are administrative and jurisprudential in nature and accordingly pointed out some recommendations that would aid in overcoming the identified challenges.

1.3 Justification of the Study

The problem identified here is that there are a number of challenges that affect the collection of zakat by a state, which has the effect of limiting the amount of revenue collected. These challenges are identified by this research as administrative and jurisprudential. The justification, therefore, of studying this problem is to address these challenges by coming up with several recommendations. Zakat is a method by which poverty can be alleviated and wealth can also be equitably distributed in a society. Hence, having a zakat collection system that is not affected by administrative and jurisprudential challenges is important in realising the objective of zakat as a method of poverty alleviation and equitable wealth distribution in a society.

1.4 R

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