The verdict of charity to Bani Hashim from the perspective of Schools of jurisprudence

This essay is to investigate and exhibit the verdict of paying charity to Bani Hashim from the perspective of Schools of jurisprudence which include Shiite, Zaidi, Hanafi, Maliki, Shafi’i and Hanbali schools. The research methodology is the basic one which aims to advance knowledge in a special field of knowledge. At the beginning of the essay, the etymology of the word “charity” and its different kinds are explained and then the concept of Bani Hashim and those to whom this term is applied in Shiite and Sunni thoughts is mentioned and finally the view of Shiite, Sunni and zaidi scholars is discussed. In this essay we use the general meaning of the word “charity”- Giving something to another in order to approach God without any expectation – which include obligatory and voluntary charity; the obligatory charity also include Zakat of one’s income and wealth, Zakat al-Fitr. It was specified that according to Shiite and Sunni scholars Bani Hashim refers to those who are related through his father Hashim ibn Abd Manaf including Ale-Abutalib, Ale-Abas, Ale-Abulahab and Ale-Harith. Shafi’i and some Shiite and Hanbali scholars consider Bani Mattalib as Bani Hashim and a group of Maliki considers children of Ghalib ibn-fahirah as Bani Hashim but in Hanafi school just the children of Hashim ibn- Abd Manaf is called Bani Hashim. Considering all these view, we conclude that most Shiite clerics believe that paying obligatory charity by non-Hashemite to Hashemite is impermissible except in an emergency and the inadequacy of the khoums. Unlike this famous belief, one of the Early jurists on the issue of zakat and One of the later jurists on the issue of Zakat al-Fitr have given permission. But most Islamic scholars give fatwa of permission for charity which is paid by Hashemite to Hashemite unless Zaidi scholars (who reject this idea). Permission on giving Zakat to Bani Hashim is seen in the all four schools of the Sunni after the death of holy prophet. Among the religious leaders of the Sunni, Abu Hanifa and Mohamed Bin Al – Hassan Al – shaibani and among the contemporary leaders, Youssef Al – Qaradawi believe that just in the era of the holy prophet giving Zakat to Bani Hashim was prohibited but after his death they are like all members of the Nation of Islam; Zakat is taken from the rich and is given to the poor including Hashemite and non-Hashemite. So the Sunni has not reached a consensus on this issue although Belief in the sanctity is still the belief of majority and the famous one.