BBO follows the zakat eligibility and distribution processes outlined by the Tayba Foundation, which also serves incarcerated Muslims.
Does Believers Bail Out fulfill the criteria to collect and distribute zakat by using it to bail out Muslims?
The use of zakat does not go towards the everyday operations of Believers Bail Out. Zakat monies are used for bond and related fees and post-release support. We firmly believe that based on our understandings of the modern American criminal punishment system that Muslims held in pre-trial and immigration incarceration are captive and held in bondage (fi al-riqab 9:60) and can thus be freed (fakku raqabatin 90:13). At the same time, all of our bailees also qualify for zakat based on their statuses as the poor and needy (al-fuqaraa wal masakin 9:60). Read more at Why Zakat?
If we consider the issue of bond further, we can additionally consider those with money bonds that they cannot afford, as those who are overburdened with debts (al-gharimeen 9:60). Those incarcerated in ICE detention centers should be considered wayfarers (ibn al-sabeel fareedatan 9:60), those who are traveling with little resources or recourse. In the case that we distribute zakat to one who is not Muslim, which is a rare circumstance, they are within the zakat category of those whose hearts are to be won over (al-mu’allafatu qulubuhum 9:60). We believe that fighting for justice and for safer, healthier, and more accountable communities is to struggle in God’s cause (fi sabilillah 9:60). While we do not collect and distribute for this category specifically, we do believe that this is the work that we do, inshaAllah. As we pursue the struggle for God’s cause, this list of categories emphasizes how we should distribute our communal resources and energies to our most vulnerable and to those who labor in the service of the community; we are heartened and guided by these reminders. And Allah knows best.
Chapter Al-Tawba (9):60 reads: “The offerings given for the sake of God are meant only for the poor and the needy, and those who are in charge thereof, and those whose hearts are to be won over, and for the freeing of human beings from bondage, and for those who are overburdened with debts, and for every struggle in God's cause, and for the wayfarer: this is an ordinance from God - and God is all-knowing, wise.”
The Concept of an Appointed Agent (Wakil)
To deal with the issues we have encountered in distributing zakat to incarcerated Muslims, we follow Tayba Foundation’s protocol of using an “agency form,” which offers the bailees the option to make us their agent (wakil). This allows BBO to accept zakat on their behalf.
All of BBO’s program beneficiaries approve agency (wakala), because they are generally of very limited means and would not be able to cover the costs of their bail themselves. This allows the zakat to be considered “distributed” as soon as it has been assigned to the recipients. Once the appointed zakat officer or accountant allocates funds to their recipients, zakat is distributed.
Current Wording On Bailee Bond Contract for “Agency”:
Bond Policy: To date, we have been successful in collecting zakat* (Islamic tax on wealth) and sadaqa (charity) to be used as bond funds for all our clients. By submitting this form, you
(1) acknowledge that you are eligible to receive zakat (see categories below**),
(2) authorize Believers Bail Out to seek out, then accept and use zakat funds available on your behalf to cover your bond-related costs. This will include (but is not limited to) money bail and related fees, transportation (to and from court), correspondence (to facilitate bond payment), and post-release support (which includes housing, mental health/life coaching, food, and other essential needs***). No cash will be given to you.
*Zakat is an annual levy of 2.5% on wealth due from Muslims who possess, for one full lunar year, a certain amount over and above their housing, debts, and immediate needs.
**Categories of individuals eligible to receive zakat according to the Holy Qur’an, Chapter At-Tawba (9):60 ---
"The offerings given for the sake of God are meant only for
[i] the poor and
[ii] the needy, and
[iii] those who are in charge thereof,
[iv] and those whose hearts are to be won over,
[v] and for the freeing of human beings from bondage,
[vi] and for those who are overburdened with debts,
[vii] and for every struggle in God's cause, and
[viii] for the wayfarer:
this is an ordinance from God - and God is all-knowing, wise."
***What are essential needs?
As a general guideline, we use the following Prophetic saying to determine what are essential needs. On a case-by-case basis, we expand this definition to include things like medicine, counseling, and communication.
Uthman ibn Affan reported: The Prophet, peace and blessings be upon him, said:
“There is no right for the son of Adam other than these things: a house in which he lives, a garment to cover his nakedness, a piece of bread, and water.”
Source: Sunan al-Tirmidhī 2341
Grade: Sahih (authentic) according to Al-Suyuti
عَنْ عُثْمَانَ بْنِ عَفَّانَ أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَيْسَ لِابْنِ آدَمَ حَقٌّ فِي سِوَى هَذِهِ الْخِصَالِ بَيْتٌ يَسْكُنُهُ وَثَوْبٌ يُوَارِي عَوْرَتَهُ وَجِلْفُ الْخُبْزِ وَالْمَاءِ
2341 سنن الترمذي كتاب الزهد باب منه
7642 المحدث السيوطي خلاصة حكم المحدث صحيح في الجامع الصغير
Bail and related fee
Transportation e.g. getting to court, getting home
Food
Communication related to the process of bailing out i.e. stamps, envelopes, writing utensils, phone calls, emails
Housing
Debt such as child support debt which would leave said person incarcerated
Post-release [re-entry] support which includes mental health support and life coaching
Electronic monitoring is about half as common