“Non-Payment of Zakat or Fithrah” in the Administration of Muslim Law Act

بِسۡمِ ٱللهِ ٱلرَّحۡمَـٰنِ ٱلرَّحِيمِ

This portion of the Administration of Muslim Law Act is essentially unenforceable:

Non-payment of zakat or fitrah

137. — (1)  Whoever, being liable to pay any zakat and having failed to procure, in accordance with section 70, the cancellation or modification of such liability, refuses or wilfully fails to pay the same, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both.

(2)  Whoever, being liable to pay any fitrah and having failed to procure, in accordance with section 70, the cancellation or modification of such liability, refuses or wilfully fails to pay the same, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50 or to imprisonment for a term not exceeding one month or to both.

(3)  A conviction under this section shall not operate to extinguish the debt.

(4)  Any zakat or fitrah due by any person or the value of the same may be recovered as if the value thereof were recoverable as a fine imposed under the provisions of this Act.

How is MUIS going to know who did or did not pay zakat, and how much they are liable for?  The expense of auditing and enforcement of just over 10% of the population would likely cost more than the zakat collected.  Also, how much money does MUIS need to collect anyway?  They have more than enough locked away, and there should be greater debate on how that money should be utilised.  The third issue is many families give zakat to those who qualify within their circle, or overseas.  If we enforce this, they are now breaking the law, and that should not be the intent.