Contemporary Primary Sources :: Fatwās - Contemporary :: 8 Ramaḍān 1424 / 1 November 2003
Indonesian Council of Ulama Fatwa No. 4 of 2003 on Use of Alms for Investment
Komisi Fatwa Majelis Ulama Indonesia, Posted by Daniel Peterson, 15 March 2016
This fatwa states that alms (zakat) must be spent as quickly as possible (fauriyah), both from the payer (muzakki) to the treasury (amil), and from the treasury (amil) to the recipient (muzakki). The fatwa also states that the distribution of alms to the impecunious (mustahiq) can be postponed if there is no one in need or for the greater good. The greater good is to be specified by the government by implementing regulations so that the greater good is the shari'a greater good.
Alms, the distribution of which has been postponed, may be invested (istitsmar) if those alms are:
- distributed to businesses that accord with shari'a and current reguations (al-thuruq al-masyru'ah);
- invested in areas which, based on a feasibility study, appear to be profitable;
- fostered and supervised by competent parties;
- invested by professional and trustworthy institutes/organisations;
- invested pursuant to an investment permit obtained from the government, and the government must agree to indemnify in the event of loss or insolvency;
- invested and there exists no pressing need such as starvation or costs that cannot be postponed at the time of investment; and
- invested for a limited amount of time.