Distributing Zakat Through An Agent

Question:
I have sent my zakat for the year to my father in-law to distribute
within Pakistan on my behalf, but I have a concern as to how far
myresponsibilities lie on following up where this money goes. My
father in-law distributes this money to people he knows as genuinely
poorand also to Islamic madrasas. I don't want to question him in
great detail as he may think I am questioning my trustin him. However,
I believe he did not give all the money away. He is in great debt
which my husband and I will take it on ourselves to pay off, but I do
not wishmy zakat money to go tohim, as I believe my husband and I
should pay this and will pay it insha'Allah.
Answer:
In the name of Allah, Most Compassionate, Most Merciful,
There are certain points worth considering here:
1) Paying Zakat through an agent (wakil) is permitted. It is
permissibleto appoint a person or an organization to distribute Zakat
on one's behalf uponthe eligible and worthy recipients. (See: Radd
al-Muhtar ala al-Durr, 2/268-269)
However, in doing so, one should keep two things in mind:
Firstly, one should have full trust and confidence that the agent will
distribute the Zakat to only worthy recipients, and not misuse it in
any way.
Secondly, if the agent doesnot distribute the Zakat upon worthy
recipients, then Zakat will not be regarded as fulfilled, henceit will
remain an obligation on the Zakat-payer. Zakat will only be considered
fulfilled when the agent utilizes and distributes it on worthy
recipients.
2) Zakat cannot be given to one's parents, grandparents. Similarly,
one's children, grandchildren. However, it is permitted to give Zakat
money to one's father in-law and mother in-law, provided they are
worthy recipients. (Radd al-Muhtar, 2/346)
3) If one gives Zakat to an agent, it will be permitted for that agent
to distributethe Zakat on his parents, relatives and any other person
(provided he/she isworthy of receiving Zakat).However, it will not be
permitted for that agent to use Zakat for his personal benefit.
Imam al-Haskafi (Allah have mercy on him) states:
"It is permissible for an agent to give Zakat wealthto his poor son
and poor wife but not use it himself,unless if the Zakat-payer asked
him to use the Zakatwealth in any manner he wishes." (See: Radd
al-Muhtar ala al-Durr al-Mukhtar, 2/269)
The meaning of this is thatnormally an agent cannot use Zakat wealth
for his own personal benefit. However, if the one giving Zakat and
appointing him an agent said to him:"Distribute this Zakat wealth in
any manner you wish" or "Give it to whomever you desire", then in such
a case, it will be permitted for that agent to use the Zakat wealth
for his personal needs.
Keeping the above three points in mind; we come to your specific question.
You state that you have given your Zakat to your father in-law in
order for itto be distributed upon worthy recipients. Thus, in light
of point number one, if you had full trust and confidence that he
would use and distribute the Zakat in a proper manner, then there is
nothing to worry about.
However, if this is not the case, and you fear that dueto him being
poor and in debt he may use the Zakathimself, then there are two
scenarios here.
We learnt in point numbertwo that one may give Zakat to one's father
in-law; hence if he used it for his personal benefit, your Zakat would
have been fulfilled. However, the problem here is that which was
outlined in point number three, in that an agent cannot use Zakat for
his personal benefit unless the Zakat-payer gives him permission to
distribute the Zakat in any manner he wishes and desires.
Thus, in conclusion, if you had full trust and confidence that your
father in-law would distribute Zakat in a proper manner, or you
thought that he may use ithimself, as he is a worthy recipient, and
you also said to him to use the Zakat wealth in any manner he wished,
then inall of these cases, your Zakat is valid and fulfilled.
However, if you have doubt in his distribution, and you did not give
him permission to distribute your Zakat in any manner he wished and
desired, then you should re-pay your Zakat.
And Allah knows best