"Paying zakat should be left to individuals to perform it as an individual obligation. The state does not have to force individuals to do it," Secretary General of Nahdlatul Ulama`s Executive Board (PBNU), Helmy Faishal Zaini said.
Jakarta (ANTARA News) - The government`s plan to deduct 2.5 percent zakat (tithe) directly from the salaries of Muslim State Civil Apparatus (ASN) has triggered controversies.

Regulation on the plan is being discussed at the Ministry of Religious Affairs, but some quarters have suggested that the plan be postponed, as there are many questions that should be solved in the first place.

The government should build public or zakat payers` trust on institutions managing the tithe funds. It should also make it clear on how to calculate civil servants` income to decide on the portion which is subject to zakat. There are two aspects for the income to be subject to zakat, namely the nisab (minimum amount) and the haul (the length of one-year period) aspects.

After all, the portion of income that is subject to zakat is the income after deduction for (the zakat payers?) basic needs, debts, and operational spending. This portion should meet the nisab and haul aspects before it could be categorized as subject to zakat.

"How could the government calculate the amount of income of ASN, after deduction for basic needs, debts, and work operation cost, and decide the portion that is subject to profession zakat," Saiful Jihad, academician of the University of Hasanuddin in Makassar, South Sulawesi, stated on Thursday.

So, it would be better for the government and institutions to build trust in the society first by organizing and managing existing zakat funds well and by showing positive results to the people. "It would be wise if the Minister of Religious Affairs postpone the policy and encourage existing government alms agencies (BAZ) or independent zakat foundation (LAZ) to help individuals on how to calculate their zakat obligation," Jihad noted.

In this way, ASN will voluntarily pay their zakat to the right recipients through trustworthy institutions or bodies, and not by forcing them to pay with regulations that spark controversies and people`s rejection.

He remarked that zakat for money, which is in the form of heritage, prizes, rent, salaries, and others, should meet two criteria, namely the amount that should reach the nisab and the haul categories.

Zakat that does not need to reach the nisab and haul applies for hidden treasures, while zakat without the need to reach the haul is for grains and fruit (but need to reach the nisab).

"Thus, the decision to withdraw profession zakat (income or salary zakat) without nisab and haul is an act that is not based on the (Islamic) law," Jihad revealed.

Hence, Secretary General of Nahdlatul Ulama`s Executive Board (PBNU), Helmy Faishal Zaini, called on the government to review its plan to directly withdraw 2.5 percent zakat (tithe) from the salaries of Muslim civil servants.

"The plan to issue the policy must be reviewed," Zaini told reporters in Jakarta on Wednesday (Feb 7). According to Zaini, there are some fundamental notes that need to be considered, including the zakat itself, which is a personal obligation. Paying Zakat is an individual obligation.

"Paying zakat should be left to individuals to perform it as an individual obligation. The state does not have to force individuals to do it. Indonesia is not a country based on religion. It is a matter of human obligation to God, similar to performing prayers and fasting" he remarked.

The country, which has a diverse population, should also reflect diversity in its policy, stated Zaini. Another important note is the management mechanism and transparency of the zakat funds that have been collected. It is not impossible that it will create a big problem. "Not to mention the fact that some ASNs already have their own `mustahik` (tithe and elms recipients)," he revealed.

Yet, if the government is determined to implement the policy of cutting 2.5 percent zakat directly from state civil apparatuses, the cuts should be included as a form of income tax, so that they will no need for them to pay income tax. "If the government is involved in withdrawing zakat from the salaries of the ASN, it would be better for it to consider that the zakat is converted as part of the ASN income tax," Zaini noted.

In the meantime, Executive Board Chairman of Muhammadiyah Youth Organization, Dahnil Anzar Simanjuntak, appealed to the government to be careful while issuing a policy on deducting 2.5 percent zakat from the salaries of civil servants.

It should not happen that the government withdraws zakat from civil servants, who are actually not obliged to pay zakat. If this happens, it would make the country as one that is cruel to its citizens.

Therefore, Simanjuntak suggested that the government should regulate careful mechanism in withdrawing zakat, so that the government would apply the principles of justice while cutting the salaries of civil servants. In this case, the government should seriously observe and consider the fulfillment of the `haul` and `nisab` aspects in applying the zakat policy.

"When the state withdraws zakat from the salaries of civil servants without fulfilling the aspect of nisab, it means that the state is committing cruelty against them," he remarked.

He revealed that zakat can be paid per month or per year. However, many Islamic scholars suggest that zakat be paid after the earning is received.

Meanwhile, Minister of Religious Affairs Lukman Hakim Saifuddin explained that the government was currently drafting rules regarding ASN salary deductions for zakat. The discussion is still going on in the Religious Affairs Ministry. The ministry is absorbing public aspirations and academic studies.

(T.A014/A/KR-BSR/A014)

Reporter: Andi Abdussalam
Editor: Heru Purwanto
Copyright © ANTARA 2018