Fatwa on fidyah and kaffārah rate

بسم الله الرحمن الرحيم

الحمد لله رب العالمين، والصلاة والسلام على سيد المرسلين وإمام المتقين نبينا محمد وعلى آله وأصحابه أجمعين. اللهم أرنا الحق حقا وارزقنا اتباعه، وأرنا الباطل باطلا وارزقنا اجتناه وبعد.

Background

1.  The Fatwa Committee received questions from MUIS’s Community Funds Unit regarding fidyah and kaffārah¹ payments, as follows:

i.   Can the fidyah rate be reviewed considering the cost of daily food has increased, and can the fidyah and kaffārah rates be aligned?

ii.   Can the fatwa on paying compounded fidyah be reviewed?

2.  In 1998, the Fatwa Committee issued a fatwa permitting payment of fidyah and kaffārah in monetary form according to contemporary conditions, taking into account the needs of the poor and needy.² The fatwa also established that the fidyah and kaffārah rates are determined based on the price of staple food, namely rice.

The need to review fidyah and kaffārah rates

3.  The primary consideration in reviewing the fidyah and kaffārah rates is the current cost of living, particularly the cost of food and basic needs of the poor and needy. The question is whether determining these fidyah or kaffārah rates based on one mudd of staple food is still relevant and sufficient to meet the needs of the poor and needy today.

4.  To date, the fidyah and kaffārah rates are calculated based on one mudd (600 grams) of rice, which costs around $1.40. However, according to the Institute of Policy Studies report titled “Cost of Eating Out – Food Index 2.0” published in March 2023, a person requires an average of $16.89 per day to purchase complete meals from coffee shops, food stalls and hawker centres in Singapore.³ This covers breakfast, lunch and dinner. The study also found that one moderate meal costs an average of $4.

5.  Therefore, one mudd of staple food (approximately $1.40) per person does not meet the daily dietary needs of the poor today.

Considerations of the Fatwa Committee

6.  The obligation to pay fidyah and kaffārah is mentioned in Surah al-Baqarah verse 184 and Surah al-Māʾidah verse 89. While these verses prescribe feeding the poor, no type of food is specified. Therefore, determining the fidyah and kaffārah rates and the type of food used to calculate them, are matters of scholarly discussion, with the guidance of the hadiths⁴ of the Prophet ﷺ and theʿurf (custom) of society.⁵

7.  According to the Shafi'i school, the rate is one mudd, i.e., one cupful, which is 600g of staple food (rice, wheat, etc).⁶ However, in contemporary times, scholars such as Sheikh Muṣtafā al-Bughā, a Shafi'i scholar, is of the view that what is prescribed is the cost of moderate (i.e., average size and cost) food for one day of the individual paying the kaffārah.⁷ The Hanafi school requires a person to provide two full meals.⁸ This view that the fidyah payment is based on what is needed to feed a person daily is also supported by the European Council for Fatwa and Research.⁹

8.  In interpreting the Quranic verses on kaffārah, some early scholars such as al-Ḥasan al-Baṣrī and Ibn Sīrīn,¹⁰ and others in much later periods such as Rashīd Riḍā¹¹ and Sheikh Shaʿrāwī,¹² hold the view that fidyah can be paid with various types of food, such as bread, meat, etc., and not just specific staple foods, such as wheat and rice.

9.  Therefore, the principle of ʿurf is fundamental in determining the fidyah and kaffārah rates, as it is an accepted source of Islamic laws.¹³ Accordingly, the Fatwa Committee views that the appropriate rate for Singapore is the cost of a common meal in Singapore. It should neither be too low in its quality (and therefore too cheap), nor too extravagant and expensive.¹⁴

Fidyah rate

10.  In determining the fidyah rate, the Fatwa Committee views that the average rate for one meal is $4 based on a survey conducted by the Department of Statistics in Singapore.¹⁵ Since the cost of living—especially basic needs such as food—may rise due to inflation and/or other factors, the Fatwa Committee is of the view that the fidyah rate should be reviewed when there are significant cost increases, so that the needs of the poor are continually met.¹⁶

Kaffārah rate

11.  The Fatwa Committee also holds the view that the kaffārah rate should be aligned to the fidyah rate. For instance, if one meal for fidyah costs $4, the kaffārah rate for breaking an oath is $40, according to the Quranic prescription to feed ten needy individuals.¹⁷

Compounded payment in determining the fidyah rate

12.  Scholars have differing views regarding compounded fidyah. According to the Maliki school, some opinions in the Shafi'i school, as well as the Hanbali school, compounded fidyah is not required when a person delays making up (qada) Ramadan fasts.¹⁸ However, the authoritative view in the Shafi'i school requires compounded fidyah for Muslims who delay making up Ramadan fasts until the subsequent Ramadan begins.¹⁹ This ruling, however, aims to prevent negligence in fulfilling religious obligations.

13.  As such, compounded fidyah is not required when one does not deliberately delay its payment, or does not deliberately delay their qada fasts, or is unaware about this ruling in the first place. Al-Dimyāṭī Al-Shāfiʿī in Iʿānah al-Ṭālibīn explains:

إذا كان التأخير بعذر -كأن استمر سفره أو مرضه أو إرضاعها إلى قابل فلا شيء عليه ما بقي العذر وإن استمر سنين. (أو أخّر ذلك جهلا أو نسيانا أو إكراها)

Meaning: “If the delay occurs due to a valid excuse – such as ongoing travel, illness, or breastfeeding until the following year – then, there is no obligation upon the person as long as the excuse persists, even if it continues for years. (The same applies when the delay occurs due to ignorance, forgetfulness, or coercion).”²⁰

14.  This fatwa review is necessary because there are situations where some (i) do not know about the obligation to pay fidyah, (ii) do not know about the religious prohibition against delaying qada fasts, or (iii) forget to pay it. The Shariah accepts these circumstances as exemptions from compounded fidyah payment. This consideration is also in line with the principles of ease (al-taysīr) and avoidance of difficulty (rafʿ al-ḥaraj)²¹ which aim to remove difficulties from Muslims. Allah ﷻ states in surah al-Ḥajj:

﴿وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ ۚ﴾

“And He (Allah ﷻ) has placed no burden in your religion.”

Decision of the Fatwa Commitee

15.  Based on the considerations above, the Fatwa Committee has decided the following:

i)  The fidyah and kaffārah rates must take into account two principles: the average rate for one moderate meal, which is $4 (based on current data), and adjustments in food prices due to inflation and the economic conditions. MUIS may determine appropriate rates based on the principles established by the Fatwa Committee in this fatwa.

ii)  The Fatwa Committee is of the view that compounded fidyah payment is not required. This is because Islam emphasises ease and rejects difficulty. However, this does not prohibit one who wishes to pay compounded fidyah from doing so. Rather, it allows Muslims to fulfil their obligations without excessive financial burden, whilst preserving the original purpose of fidyah.

والله أعلم

والله ولي التوفيق، وصلى الله على سيدنا محمد وعلى آله وصحبه وسلم.

DR NAZIRUDIN MOHD NASIR
CHAIRMAN, THE FATWA COMMITTEE
THE MUFTI OF SINGAPORE

¹ Fidyah is a religious obligation in the form of compensation that must be fulfilled, normally through providing food to the poor or needy, when someone is unable to fast in Ramadan and unable to make up for the missed fasts due to certain reasons, such as chronic illness, old age, or prolonged health conditions.

Kaffārah is a form of compensation required for those who deliberately violate religious obligations or oaths in Islam. It serves as a method of self-purification from wrongdoings committed. Please see: Wizārah al-ʾAwqāf wa al-Shuʾūn al-Islāmiyyah, Al-Mawsūʿah al-Fiqhiyyah al-Kuwaitīyyah, (Kuwait: Wizārah al-ʾAwqāf wa al-Shuʾūn al-Islāmiyyah, 2006) 28:79; Maḥmūd ʻAbd al-Raḥmān, Muʿjam al-Muṣṭalāḥāt wa Alfāz al-Fiqhiyyah, (Cairo: Dār al-Faḍīlah, 1999) 148.

² For further information, please refer to the following link: www.muis.gov.sg/officeofthemufti/Fatwa/Fidyah-dan-Kaffarah-Dengan-Nilai-Wang

³ Teo K. K, Lim H., Chong M., The Cost of Eating Out: Findings From The Makan Index 2.0, IPS Exchange Series, No. 24, March 2023, (Singapore: Institute of Policy Studies (IPS), please refer to: https://lkyspp.nus.edu.sg/docs/default-source/ips/ips-exchange-series-24.pdf#page174

⁴ For instance, a hadith narrated by Al-Bukhari records the account of a companion who complained to the Prophet ﷺ that he had been intimate with his wife whilst fasting in Ramadan. The Prophet ﷺ asked whether he was able to manumit a slave. If not, could he fast for two successive months? And if that was also beyond his capability, could he feed 60 poor people? However, the man was unable to perform any of the three acts. Please see: Al-Bukhārī, Saḥiḥ al-Bukhāri, hadith no. 1936.

⁵ Al-Nawāwī, Sharḥ al-Nawāwī ʿalā Muslim, (Beirut: Dār Iḥyāʾ al-Turāth al-ʿArabī, 12:8). This is in line with the principle which Imam al-Nawāwī stated:

اعتماد العرف في الأمور التي ليس فيه تحديد شرعي.

Meaning: “Referring to custom (ʿurf) in matters that are not specifically determined by the Shariah.”

⁶ Al-Qalyūbī wa ʿUmairah, Ḥāshiatā Qalyūbī wa ʿUmairah, (Beirut: Dār al-Fikr, 1995), 2:86.

⁷ Muṣtafā al-Bughā, Tanwīr al-Masālik bi Sharḥ wa Adillah ʿUmdah al-Sālik wa ʿUddah al-Nāsik, (Damascus: Dār al-Muṣṭafā, 2010), 2:1028. The verbatim states:

والّذي أراه: أنّ الّذي يجب في الإطعام هو متوسّط نفقة الفرد المكفِّر في اليوم، لأنّ الله تعالى قال: (من أوسط ما تطعمون أهليكم) وقلّما يكتفي أحد هذه الأيّام بما يسمّى قوتًا.

Meaning: “My view is: What is required in feeding is the moderate daily food cost of the person paying the kaffārah, because Allah ﷻ said: (from the moderate food that you give to your families). In this day and age, hardly anyone would be content with what is called basic sustenance.”

⁸ Al-Kāsānī, Badāʾiʿ al-Ṣanāʾiʿ fī tartīb al-Sharāʾiʿ, (Beirut: Dār al-Kutub al-Ilmiyyah, 1986), 5:102.

⁹ European Council for Fatwa and Research, Hisāb Fidyah al-Sawm, https://www.e-cfr.org/blog/2017/05/30/حساب-فدية-الصوم/

¹⁰ Al-Shawkānī, Fatḥ al-Qadīr, (Beirut: Dār Ibn Kathīr, 1993), 2:82. He states:

وقال الحسن البصري وابن سيرين: يكفيه أن يطعم عشرة مساكين أكلة واحدة خبزا وسمنا أو خبزا ولحما.

Meaning: “Hasan al-Basri and Ibn Sirin said: It suffices for him to feed ten poor people one meal of bread and butter, or bread and meat.”

¹¹ Rashīd Riḍā, Tafsīr al-Mannār, (Cairo: Al-Haiʾah al-Misriyyah al-ʿĀmmah li al-Kitāb, 1990), 7:30

¹² Al-Shaʿrāwī, Tafsīr Al-Shaʿrāwī, (Giza: Maṭābiʿ akbār al-Yawm, n.d.), 6:3365.

¹³ Al-Zarqāʾ, Al-Madkhal al-Fiqhiyy al-ʿĀm, (Damascus: Dār al-Qalam, 2004), 2:865.

¹⁴ This also represents Sheikh Al-Marāghī’s view in his tafsīr. He explains that each individual should be given one serving consisting of food that is commonly eaten by the family, neither from the lowest quality food, nor from the most luxurious food, such as meals served during celebrations. For example, if the most common food for the family is wheat bread, and the frequently consumed dish is meat either with vegetables or without, then it is insufficient to provide food of lower quality than that, especially if they would feel disgusted as a result of eating oily or fatty food too frequently, even though their appetite remains good. Al-Marāghī, Tafsīr al-Marāghī, (Cairo: Sharikah Maktabah wa Maṭbaʿah Muṣṭafā al-Ḥalabī, 1946), 7:15.

¹⁵ Department of Statistic, Hawker Food Price Trends Across Cooked Food Establishment Types, https://www.singstat.gov.sg/-/media/files/publications/economy/ssn124-pg11-15.ashx.

¹⁶ Ibid., among the measurements that can be considered is the Consumer Price Index. This is on the grounds that the index measures the average price change for a fixed set of goods and services commonly purchased by resident households over time. It is widely used as a measure of consumer price inflation.

¹⁷ Allah ﷻ states:

﴿لَا يُؤَاخِذُكُمُ ٱللَّهُ بِٱللَّغْوِ فِىٓ أَيْمَـٰنِكُمْ وَلَـٰكِن يُؤَاخِذُكُم بِمَا عَقَّدتُّمُ ٱلْأَيْمَـٰنَ ۖ فَكَفَّـٰرَتُهُۥٓ إِطْعَامُ عَشَرَةِ مَسَـٰكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍۢ ۖ ﴾

Meaning: “Allah will not call you to account for your thoughtless oaths, but He will hold you accountable for deliberate oaths. The penalty for a broken oath is to feed ten poor people from what you normally feed your own family, or to clothe them, or to free a bondsperson. But if none of this is affordable, then you must fast three days. This is the penalty for breaking your oaths. So be mindful of your oaths. This is how Allah makes things clear to you, so perhaps you will be grateful.” Surah al-Māʾidah, verse 89.

¹⁸ Ibn Juzayy al-Gharnāṭī, Al-Qawānīn al-Fiqhiyyah fī talkhīṣ Maddhab al-Mālikiyyah, 233; Al-Bahūtī, Kashāf al-Qināʿ ʿam Matn al-ʾIqnāʿ, (Riyadh: Maktabah al-Naṣr al-Ḥadīthah:1968), 2:334. Al-Nawāwī, Al-Majmūʿ Sharḥ al-Muhadhdhab (Cairo: Idārat al-Ṭibāʿah al-Munīriyyah, 1926), 6:364; Zakariyyā al-Anṣārī, Al-Ghurar al-Bahiyyah fī Sharḥ al-Bahjah al-Wardiyyah, (Cairo: Al-Maṭbaʿah al-Maimaniyyah, t.t.), 2:234; Isnawī, Al-Hidāyah ilā Awhām al-Kifāyah, (Beirut: Dār al-Kutub al-ʿIlmī, 2009), 264.

¹⁹ Al-Nawāwī, Rawḍah al-Ṭālibīn wa ʻUmdah al-Muftīn, (Beirut: al-Maktāb al-Islāmī, 1991), 2:385.

²⁰ Al-Dimyāṭī, Iʿānah al-Ṭālibīn Sharḥ Fatḥ al-Muʿīn, (Beirut: Dār al-Fikr, 1997), 2:274.

²¹ Mawsūʿah al-Fiqhiyyah al-Kuwaitiyyah, (Kuwait: Wizārah al-Awqāf wa al-Shuʾūn al-Islāmiyyah, 2006), 22:284