During every fasting month, wealthy

During every fasting month, wealthy Muslims enthusiastically provide what is known in Islam as zakat (alms), infak (donations), and other philanthropic contributions. Institutions collecting aid such as BAZNAS (Badan Amil Zakat Nasional, or National alms agency), and BAZIS (Badan Amil Zakat Infak dan Sedekah, or Muslim charitable donations board) should guarantee that goodwill gestures do not become mediums for money laundering, or “purification of wealth” under the name of Islam.

During a live national television program discussing zakat some years ago, a caller asked if the sources of wealth offered as zakat were actually halal (pure). Surprisingly, the answer was that if the pure need zakat, the haram (impure, illegal) need zakat even more.

Two years later, we asked a professor of Islamic Law the same question, and to our surprise we received the same answer. We had doubts about his answer, but remembered that we did not consider this a problem worthy of discussion during the Soeharto era, when money laundering was niether a moral or criminal issue.

We now have different feelings about this response because we believe that zakat, one of the five principles of Islam, is a form of worship focused on piety.

If this manner of worship is indeed extended in good faith, contributions must come from sources that are truly halal, not haram.

Because money laundering schemes are still prevalent in Indonesia, we need to formulate our thoughts on this problem based on the premises of doubt. We believe zakat will be used as medium for money laundering if the current groundrules are maintained, and consequently zakat, infak, and other philanthropic donations will only conceal dirty money.

This is not only condemned by Islamic teachings, but also makes a mockery of national attempts to combat corruption, wherein corruptors are enabled the means to justify money laundering in the name of religion.

We believe that the opinion that both the poor and the wealthy need zakat is a misleading simplification.

Given the theory of analogy (qiyas awlawi), as regulated in Islamic Law jurisprudence, this might be considered true, but using this application is not only misleading but also counterproductive in light of the campaign against corruption — especially if corruptors feel their wealth becomes halal after provision of various forms of zakat.

The misunderstanding can be distinguished by the clear differences between zakat mal (alms deducted from our wealth) and zakat fitra (alms paid every Idul Fitri). Zakat fitra is for purifying the soul, while zakat mal is for purifying wealth.

This misunderstanding is contrary to the epistemology of zakat mal, as explained in sura at-Taubah, 103: “Of their goods, take alms, that so thou mightest purify and sanctify them; and pray on their behalf. Verily thy prayers are a source of security for them: And Allah is One Who heareth and knoweth”.

This verse clearly assures that there is no terminology for “cleaning, purifying, or washing wealth” because zakat mal, like zakat fitra, is aimed at purifying the soul. As explained in the tafseer (explanation section), zakat is meant to purify the soul from selfishness, obsession with wealth and neglect of the needy and poor. Zakat mal associated with money laundering is wrong because zakat is supposed to purify the soul through zakat payer (muzakki).

In addition, the belief that zakat charity from both haram and halal sources deserves equal recognition is contrary to sura al-Baqara, 267: “O ye who believe! Give of the good things which ye have (honorably) earned, ...” This verse requires that wealth used for infak should be the wealth from halal sources.

We should view this verse as an infak regulation, because under the theory of analogy (qiyas awlawi) infak does not technically always imply zakat. We must understand that zakat is compulsory (wajib) and infak is not. This means that zakat can only be accepted from sources of halal wealth.

It all depends on whether a person seeks purification by offering tainted money or zakat from halal wealth. Institutions collecting zakat (amil zakat) don’t always know whether contributions are halal or not. If we want to optimize the role of religion in fighting corruption we think institutions collecting zakat should install anti-money laundering safeguards similar to those implemented by commericial financial institutions, even though this might worry some zakat institutions.

There is no need to worry. Institutions collecting zakat should be pleased because this could have a significant impact on efforts to fight corruption. It is not necessary to be comsumed by a quantity orientation. Large numbers mean nothing if the holy teachings of Islam are compromised by people trying to purchase grace by converting haram wealth into halal intentions.