Question:
Dear scholars, As-Salamu `alaykum. I live in Kuwait, but I have some relatives in Iraq. So can I give my Zakah to them and, moreover, pay charity in favor of the people of Iraq in general? May Allah reward you!

Answer:
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.

A Muslim owes a right to his brother in Islam; a Muslim must support Muslim brothers in every way. He is to give financial support to needy brothers if he can. Zakah is a practical application of that right; it is an aspect of solidarity within the Muslim community.
In addition, the Iraqi people are really in need of support and care, especially that anti-Islamic states try to undermine Iraq and afflict its people with dreadful torment. So allocating the money of Zakah to the people of Iraq is a form of support, and it is their due right on the Muslim nation.

Also, it is the duty of every Muslim to support all his fellow Muslims at all times, especially in times of calamities, as all Muslims constitute one body. When an organ of it feels pain, all the other organs feel pain as a result. In his Hadith, the Prophet (peace and blessings be upon him) stated: "A Muslim is a brother of a Muslim. He must not wrong him, nor fail him, nor hand him over (to enemies)."

In his response to your question, Dr. `Ugail Jasim An-Nashmi, Professor of Shari`ah at the University of Kuwait, states the following:

�The Iraqi people are Muslims, and Muslims have the right to receive support, care and special concern from their brothers in Islam everywhere. Allah�s Messenger (peace and blessings be upon him) is reported to have said: �A man who does not care for the Muslims� issues does not belong to them.�

So it is the duty of Muslim governments and peoples to support the Iraqi people and defend them with every possible means. The greatest part of this duty falls on the nearest neighbors of Iraq. Here we see that Kuwait is the nearest neighbor to Iraq. They are tied together with the bonds of religion, history, Arab-hood and there are many other links between Iraq and Kuwait.

Therefore, Iraq is the most deserving of the money of Zakah and optional charity, especially in the shade of the news we hear about the miserable state of the Iraqi people. They have become too poor to pay Zakah; the givers of Zakah there have become recipients of it.

This, it is the duty of Kuwaiti brothers to give in charity for the favor of their afflicted brothers in Iraq. Financial support is no less in value than physical support. It is so important that Almighty Allah has mentioned jihad with money (equipping Muslim warriors who are fighting in the way of Allah) before jihad by action (i.e. the act of fighting in the way of Allah), as He says in the Qur�an: �Go forth, light armed and heavy armed, and strive with your wealth and your lives in the way of Allah!� (At-Tawbah: 41)

Also, charitable organizations should care to dedicate Zakah and optional charity to our brothers in Iraq. They may establish special funds to collect money for the benefit of the Iraqi people. This is not a favor; rather it is a duty towards brothers in Islam, and it must be given to those who deserve it.

That is to say, anyone who has relatives in Iraq can dedicate his Zakah to those Iraqi relatives. This is considered a charitable deed and at the same time it is a form of keeping good relations with one�s kith and kin. The Prophet (peace and blessing be upon him) is reported to have said: �It incurs two rewards: one for keeping ties with relatives, and one for being generous to them.� (Agreed upon)

What we have mentioned here is just out of reminding, because it is a matter of fact that a lot of the people of Kuwait, whether having relatives in Iraq or not, give their Zakah and charity to their afflicted brothers in Iraq. This is really undeniable and well known among people.�
Allah Almighty knows best.
Responded by: Dr.`Ugail Jasem An-Nashmi