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Thursday, June 30, 2016

Somalia Independence Day

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The Independence Day of Somalia is a national holiday observed annually in Somalia on July 1. The date celebrates the union of the Trust Territory of Somaliland (the former Italian Somaliland) and the State of Somaliland (the former British Somaliland) on July 1, 1960, which formed the Somali Republic (Somalia). A government was subsequently formed by Abdullahi Issa and Muhammad Haji Ibrahim Egal and other members of the trusteeship and protectorate governments, with speaker of the SOMALIA ACT OF UNION Haji Bashir Ismail Yusuf as President of the Somali National Assembly, Aden Abdullah Osman Daar as President of the Somali Republic, On 20 July 1961 and through a popular referendum, the people of Somalia ratified a new constitution, which was first drafted in 1960.

History of Somalia

Somalia was an important centre for commerce with the rest of the ancient world, and according to most scholars, it is among the most probable locations of the fabled ancient Land of Punt.

During the Middle Ages, several powerful Somali empires dominated the regional trade, including the Ajuran Sultanate, Adal Sultanate, Warsangali Sultanate, Sultanate of the Geledi and Majeerteen Sultanate.

In the late 19th century, through a succession of treaties with these kingdoms, the British and Italians gained control of parts of the coast, and established British Somaliland and Italian Somaliland. In the interior, Mohammed Abdullah Hassan's Dervish State successfully repulsed the British Empire four times and forced it to retreat to the coastal region but the Dervishes were finally defeated in 1920 by British airpower. Italy acquired full control of the northeastern, central and southern parts of the territory after successfully waging a Campaign of the Sultanates against the ruling Majeerteen Sultanate and Sultanate of Hobyo. This occupation lasted until 1941, when it was replaced by a British military administration. Northwestern Somalia would remain a protectorate, while northeastern, central and southern Somalia by agreement became a United Nations Trusteeship on 1 April 1950, with a promise of independence after 10 years. On 1 July 1960, the two regions united as planned to form the independent Somali Republic under a civilian government. The Somali National Assembly, headed by Haji Bashir Ismail Yusuf, approved the act uniting former Italian Somaliland with British Somaliland, establishing the Republic of Somalia.

Colonialism: 1840-1960

Between 1840 and 1886, the British East India Company established a series of trade treaties with various Somali chiefs. Italy also had a hand in the early establishment of Somalia and marked out the boundaries of Italian Somaliland in the south between 1897 and 1908. Ethiopia claimed the Ogaden region of western Somaliland in 1897.

The first uprising against colonialism occurred when Somalis sought to push the Ethiopians out of the Ogaden region but then expanded to target European colonists as well. The Dervish State, headed Mohammed Abdille Hassan, an Ogaden himself who the British referred to as “Mad Mullah,” conducted a religious-based war of resistance against the Ethiopians and British from 1899 to 1920, resulting in the death of nearly one third of northern Somalia’s population. Great Britain defeated Hassan in 1920.

Italy maintained control of Italian Somaliland as a part of its African empire (including Ethiopia and Eritrea) until 1941. During WWII Great Britain also took over these areas and ruled them as military protectorates until 1949, at which time the newly formed United Nations granted Italy a trusteeship over most of present-day Somalia. The British maintained a trusteeship over what is today the self-declared state of Somaliland.

While the Italians dedicated significant effort towards developing their colony, Great Britain took a more hands-off approach to governance, leaving more responsibility in the hands of local leaders but also providing less by way of infrastructure. These distinctions are often cited as underpinnings of the incompatibility that would arise between the two areas. This colonial history, in addition to other dynamics, is also seen to play a role in the subsequent, contrasting levels of stability of Somalia and Somaliland.

Independence and Early Years, 1960

After the 10-year interim period, on June 26, 1960, the northern protectorate of Somaliland gained independence from Britain. Five days later on July 1, 1960, the two former colonies united to form the United Republic of Somalia under President Aden Abdullah Osman Daar, Prime Minister Abdirashid Ali Shermarke, and a 123-member National Assembly representing both territories.

Daar ruled Somalia from 1960 until 1967. Shermarke succeeded him and led the country for two years until his assassination in 1969. Though northern and southern Somalia were united under one government, they operated as two separate countries, with different legal, administrative, and educational systems.

Beginnings of Dictatorship, 1969-1976

On the day of Shermarke’s funeral, the Somali army, led by Mohamed Siad Barre, staged a bloodless coup. Barre, a charismatic dictator who fostered a cult of personality and called himself “Victorious Leader,” served as president and military ruler of Somalia from 1969-1991 and renamed the country the Somali Democratic Republic.

Under Barre’s leadership Somalia sided with the Soviet Union in the Cold War. Though Barre outlawed clan loyalties and promoted his own “scientific socialism,” he supported clan elders to maintain control of rural areas. The new government, dominated by the only legal political party, the Supreme Revolutionary Council, or SRC, formed a guiding ideology based on a combination of Marxism and the Quran and led a “reeducation” campaign to eliminate opposition.

In 1976, the SRC officially marked the end of military rule by dissolving itself and ceded power to its own creation, the Somali Revolutionary Socialist Party, or SRSP.

In 1977, with Ethiopia in chaos after the fall of Haile Selassie, Somalia attacks Ethiopian garrisons in the Ogaden. Soon a Somali army is even besieging the city of Harar. But President Siad is betrayed by his chosen superpower. The Soviet Union sees a more important potential client in the new Ethiopia.

Early in 1978 the Ethiopian army, using Soviet equipment and reinforced by troops from Cuba, recaptures the Ogaden. The result is the mass exodus of hundreds of thousands of Somali refugees over the borders into Somalia.

In the aftermath of this disaster guerrilla groups, clan-based and regional, are formed in and around Somalia with the intention of toppling Siad's repressive and centralizing regime. By 1988 the result is full-scale civil war, resulting in the overthrow of Siad in 1991. He withdraws to the safety of his own clan, becoming one warlord among many in this increasingly chaotic nation. In 1991 the faction controlling the former British Somaliland confuses matters by declaring its independence as the republic of Somaliland.

Famine, the UN and continuing chaos: 1992-1999

The conflict destroys Somalia's crops during 1992 and brings widespread famine. Food flown in by international agencies is looted by the warring militias. By December 1992 the situation is such that the UN actively intervenes, sending a force of 35,000 troops in Operation Restore Hope.

The UN briefly calms the situation, persuading fifteen warring groups to convene in Addis Ababa in January 1993 for peace and disarmament talks. These seem at first to make progress, but the situation on the ground continues to deteriorate. In March 1994 American and European units in the UN force withdraw, finding the level of casualties unacceptable. Troops from African countries and the Indian subcontinent remain in site.

During the rest of the decade the situation gets worse rather than better. From late 1994 the capital, Mogadishu, is divided between the two most powerful of the warring factions. In each a leader declares himself the president of the nation and organizes a supposedly national government. In March 1995 the remaining UN forces are evacuated from the coast under the protection of an international flotilla.

At the end of the decade the only remotely stable region is the breakaway republic of Somaliland, in the northwest. An interim constitution is introduced here in 1997 and a president is elected. But the would-be republic fails, as yet, to win any international recognition.

Under the auspices of the UN, AU, Arab League and IGAD, a series of additional national reconciliation conferences were subsequently held as part of the peace process. Among these summits were the 1997 National Salvation Council in Sodere, Ethiopia, the 1997 Cairo Peace Conference / Cairo Declaration, the 2000 Somalia National Peace Conference in Arta, Djibouti under the newly established Transitional National Government, the 2002 Somali Reconciliation Conference in Eldoret, Kenya, the 2003 National Reconciliation Conference in Nairobi, Kenya when the Transitional Federal Government was established and the Transitional Federal Charter was adopted, the 2004 Nairobi Conference, and the 2007 National Reconciliation Conference in Mogadishu.

Following the outbreak of the civil war, many of Somalia's residents left in search of asylum. According to the UNHCR, there were around 975,951 registered refugees from the country in neighboring states as of 2016. Additionally, 1.1 million people were internally displaced persons (IDPs). The majority of the IDPs were Bantus and other ethnic minorities originating from the southern regions, including those displaced in the north. An estimated 60% of the IDPs were children. Causes of the displacement included armed violence, drought and other natural disasters, which, along with diverted aid flows, hindered the IDPs' access to safe shelter and resources. IDP settlements were concentrated in south-central Somalia (893,000), followed by the northern Puntland (129,000) and Somaliland (84,000) regions. Additionally, there were around 9,356 registered refugees and 11,157 registered asylum seekers in Somalia. Most of these foreign nationals emigrated from Yemen to northern Somalia after the Houthi insurgency in 2015. However, the majority of emigrants to Somalia consist of Somali expatriates, who have returned to Mogadishu and other urban areas for investment opportunities and to take part in the ongoing post-conflict reconstruction process.

A consequence of the collapse of governmental authority that accompanied the civil war was the emergence of piracy in the unpatrolled Indian Ocean waters off of the coast of Somalia. The phenomenon arose as an attempt by local fishermen to protect their livelihood from illegal fishing by foreign trawlers. In August 2008, a multinational coalition took on the task of combating the piracy by establishing a Maritime Security Patrol Area (MSPA) within the Gulf of Aden. A maritime police force was also later formed in the Puntland region, and best management practices, including hiring private armed guards, were adopted by ship owners. These combined efforts led to a sharp decline in incidents. By October 2012, pirate attacks had dropped to a six-year low, with only 1 ship attacked in the third quarter compared to 36 during the same period in 2011.

A reconstituted Somali National Army (SNA) and Somali Police Force (SPF) have worked toward expanding their influence. In October 2011, a coordinated operation, Operation Linda Nchi between the Kenyan and Somali military and multinational forces began against the Al-Shabaab group of insurgents in southern Somalia. The intervention was announced by the Kenyan government, initially without the support of Somalia's Transitional Federal Government, but following talks in Nairobi on 30 October, a joint communiqué was issued saying Somali forces were leading operations. By September 2012, Kenyan, Raskamboni, and Somali forces had managed to capture Al-Shabaab's last major stronghold, the southern port of Kismayo. In July 2012, three European Union operations were also launched to engage with Somalia: EUTM Somalia, EU Naval Force Somalia Operation Atalanta off the Horn of Africa, and EUCAP Nestor.

The Federal Government of Somalia, the first permanent central government in the country since the start of the civil war, was later established in August 2012. By 2014, Somalia was no longer at the top of the fragile states index, dropping to second place behind South Sudan. UN Special Representative to Somalia Nicholas Kay, European Union High Representative Catherine Ashton and other international stakeholders and analysts have also begun to describe Somalia as a "fragile state" that is making some progress towards stability. In August 2014, the Somali government-led Operation Indian Ocean was launched to clean up the remaining insurgent-held pockets in the countryside.

Federal Government of Somalia

The Federal Government of Somalia (FGS) (Somali: Dowladda Federaalka Soomaaliya, Arabic: حكومة الصومال الاتحادية‎‎) is the internationally recognized government of the Federal Republic of Somalia.

The Federal Government of Somalia was established on August 20, 2012, following the end of the interim mandate of the Transitional Federal Government (TFG).

It officially comprises the executive branch of government, with the parliament serving as the legislative branch. It is headed by the President of Somalia, to whom the Cabinet reports through the Prime Minister.


The national constitution lays out the basic way in which the government is to operate. It was passed on June 23, 2012, after several days of deliberation between Somali federal and regional politicians and ratified by the new federal parliament.

Under the new constitution, Somalia, now officially known as the Federal Republic of Somalia, is a federation.

Executive branch

The President is elected by the Parliament. He or she serves as the head of state and chooses the Prime Minister, who serves as the head of government and leads the Council of Ministers. According to Article 97 of the constitution, most executive powers of the Somali government are vested in the Council of Ministers. The incumbent President of Somalia is Hassan Sheikh Mohamud. Omar Abdirashid Ali Sharmarke is the national Prime Minister.

Council of Ministers

The Cabinet is formally known as the Council of Ministers. It is appointed by the Prime Minister with consent of the President and approved by the Federal Parliament.

Federal Parliament of Somalia

The Federal Parliament of Somalia elects the President and Prime Minister, and has the authority to pass and veto laws. It is bicameral, and consists of a 275-seat lower house as well as an upper house capped at 54 representatives. By law, at least 30% of all MPs must be women. The current Members of parliament were selected by a Technical Selection Committee, which was tasked with vetting potential legislators that were in turn nominated by a National Constituent Assembly consisting of elders. The current Speaker of the Federal Parliament is Mohamed Osman Jawari.


The national court structure is organized into three tiers: the Constitutional Court, Federal Government level courts and Federal Member State level courts. A nine-member Judicial Service Commission appoints any Federal tier member of the judiciary. It also selects and presents potential Constitutional Court judges to the House of the People of the Federal Parliament for approval. If endorsed, the President appoints the candidate as a judge of the Constitutional Court. The five-member Constitutional Court adjudicates issues pertaining to the constitution, in addition to various Federal and sub-national matters.

Federal member states

Local state governments, officially recognized as Federal Member States, have a degree of autonomy over regional affairs and maintain their own police and security forces. However, they are constitutionally subject to the authority of the Government of the Federal Republic of Somalia. The national parliament is tasked with selecting the ultimate number and boundaries of the Federal Member States within the Federal Republic of Somalia.

Tuesday, June 28, 2016


Every Muslim is required to pay Zakat-ul-Fitr at the conclusion of the month of Ramadan as a token of thankfulness to God for having enabled him to observe fasts. Its purpose is to purify those who fast from any indecent act or speech and to help the poor and needy.[1] This view is based upon the hadith which reads, “The Messenger of Allah, upon whom be peace, enjoined Zakat-ul-Fitr on those who fast to shield them from any indecent act or speech, and for the purpose of providing food for the needy. It is accepted as Zakah for the one who pays it before the `Eid prayer, and it is sadaqah for the one who pays it after the prayer.”[2] Al-Qaradawi comments on this hadith by saying that there are two purposes: one is related to the individual; for completion of his fast and compensation for any shortcomings in his acts or speech. The other is related to society; for the spreading of love and happiness among its members, particularly the poor and needy, during the day of `Eid.[3] It also purifies one’s soul from such shortcomings as the adoration of property, and from miserliness. Furthermore, it purifies one’s property from the stain of unlawful earnings. It is also a cure for ailments.[4] The Prophet, peace and blessings be upon him, said, “It would be better that you treat your patients with charity.”[5]
In addition, it provides for the needs of the poor and the indigent and relieves them from having to ask others for charity on the day of `Eid.[6] The Prophet, peace and blessings be upon him, said, “Fulfil their need on this day (i.e., the day of `Eid)”[7]
 Zakat-ul-Fitr is incumbent on every free Muslim who possesses one Sa` of dates or barley which is not needed as basic food for himself or his family for the duration of one day and night. Every free Muslim must pay Zakat-ul-Fitr for himself, his wife, children, and servants. This is the opinion of Imam Malik, Al-Shafi`i, and Ahmad. Imam Abu Hanifah, however, said that it is only obligatory for one who possesses a nisab (a minimum amount of property) after fulfilling the costs of his house, servant, horse, and weapon.[8]
Al-Khattabi explained that Zakat-ul-Fitr was obligatory for all Muslims, not only those who possess the nisab stating that this is the view of the majority of scholars. He said, “In essence, the rationale behind it was stated to be the purification of one who fasts from any indecent act or speech. And since every Muslim needs this, it is therefore obligatory upon every fasting Muslim, whether rich or poor, who possesses one Sa` in excess of his main staple food for the duration of one day and night. This is because so long as the essential rationale is shared by all Muslims, then they also share the same obligation.”[9]
Al-Qaradawi also asserts the majority view when he says, “It is a virtuous wisdom of Islam that it makes this Zakah obligatory not only on the rich, but also upon nearly every Muslim, for you can hardly find a person who does not possess one Sa` of food above his main staple food for the duration of one day and night. The wisdom behind this obligation, therefore, is to prepare the poor to practice benevolence and feel the dignity and honour of giving in charity. Allah described the believers with these words, “Those who spend (freely), whether in prosperity, or in adversity…”[10] Thus if we contemplate on this wisdom, we will not find it strange that the needy pay this Zakah, because it does not cause them to suffer any loss. He will pay only his Zakah and then receive the Zakah of various people.” [11]
Moreover, we have to bear in mind that Zakat-ul-Fitr is obligatory for everyone who lives until the sun sets on the last day of Ramadan. This is the point of view of the Shafi`is, Hanbalis, and Malikis. Accordingly, whoever dies before the sun sets on the last day of Ramadan is exempted. Likewise, a person who has a baby on the last day of Ramadan should pay Zakat-ul-Fitr for the baby. The majority of jurists argue that we should not pay Zakat-ul-Fitr for an embryo. But Imam Ahmad holds that Zakat-ul-Fitr is also obligatory for an embryo, because it is permissible to assign property to an embryo by means of a will.
The jurists agree that Zakat-ul-Fitrr is due at the end of Ramadan. They differ, however, about the exact time. Al-Thawri, Ishaq, Malik (in one of two reports), and Al-Shafi`i (in one of his two opinions), are of the opinion that it is due at the sunset of the night of breaking the fast, for this is when the fast of Ramadan ends. However, Al-Layth, the Hanafi school, Al-Shafi`i (in his other opinion), and the second report of Malik say that Zakat-ul-Fitr is due at the start of Fajr (dawn) on the day of `Eid because it is an act of worship connected with `Eid, so the time of its payment should not be before `Eid just as sacrifice on the `Eid of Adha.[12]
These two different views acquire relevance if a baby is born after sunset but before dawn on the day of `Eid; the question then is whether Zakat-ul-Fitr is obligatory for the baby or not. In accordance with the first view, it is not, since the birth took place after the prescribed time, while according to the second view, it is obligatory because the birth took place within the prescribed space of time.[13]
It is not permissible to delay giving Zakat-ul-Fitr after the day of `Eid (i.e. one may give it up to the time of the `Eid prayer). However, there are some jurists who think that it is permissible to delay giving it even after the `Eid prayer.[14] The founders of the four schools of Fiqh hold the first opinion, but Ibn Sirin and al-Nakha‘i say that its payment can be delayed. Ahmad says: “I hope that there is no harm [in delaying the payment].” Ibn Raslan says that there is a consensus that payment cannot be delayed merely for the reason that it is a type of Zakah. Thus, any delay is a sin and is analogous to delaying one’s prayers without an acceptable excuse.[15]
Anyway, the founders of the four accepted Islamic legal schools agree that Zakat-ul-Fitr is not nullified simply by failure to pay it on its due time. If it is not paid before `Eid prayer, one is not exempt from it. It becomes a debt payable even after death. The heirs must not distribute the deceased’s legacy before payment of the deceased’s unpaid Zakat-ul-Fitr.[16]
Most scholars believe that it is permissible to pay Zakat-ul-Fitr a day or two before `Eid. Ibn `Umar reported that the Messenger, upon whom be peace, ordered them to pay Zakat-ul-Fitr before the people went out to perform the `Eid prayer. Nafi‘ reported that `Umar used to pay it a day or two before the end of Ramadan. However, scholars hold different opinions when a longer time period is involved. According to Abu Hanifah, it is permissible to pay it even before Ramadan so long as you make the intention of Zakah.[17] Al-Shaf‘i holds that it is permissible to do so at the beginning of Ramadan. Malik and Ahmad (in his well-known view) maintain that it is permissible to pay it only one or two days in advance.[18]
Al-Qaradawi explains the reasons for these differences in opinion by saying that the Prophet, peace and blessings be upon him, used to pay Zakat-ul-Fitr after Fajr prayer on the day of `Eid but before the `Eid prayer for the reason that the Muslim community was still small and limited in number. During the time of the Companions the payment was made one or two days before the `Eid. After the spread of Islam the jurists permitted its payment from the beginning and middle of Ramadan so as to ensure that the Zakat-ul-Fitr reached its beneficiaries on the day of `Eid, thereby avoiding the possibility that the process of distribution would delay reception of the payment after the day of `Eid.[19] After explaining the different views regarding the time of payment, Sheikh `Atiyyah Saqr stated that these differences of opinion among the jurists justify some leniency for Muslims in regard to the time of payment, and therefore a Muslim can pay at any of these times. He also took the view that paying it at different times gives the poor and needy the opportunity to benefit from Zakat-ul-Fitr and fulfil their needs for longer periods.[20]
In my opinion these differences are due to taking into consideration both the needs of the poor and the opportunity of attaining the wisdom behind the obligation of Zakat-ul-Fitr. Therefore, the most acceptable and practical approach is to apply whichever practice fulfils the purpose and wisdom behind Zakat-ul-Fitr, that is bringing happiness to the poor on the day of `Eid and giving their children a chance to enjoy this day as others do.
The jurists hold different views as to the types of food which must be given as Zakat-ul-Fitr. The Hanbali view is that the kinds of food which can be given are five: dates, raisins, wheat, barley, and dry cottage cheese. Imam Ahmad is reported to have said that any kind of staple grain or dates are also permissible, even if the above five types are available. The Malikis and Shafi`is are of the view that it is permissible to give any kind of food as long as it is the main staple in that particular region or the main food of the person. As for the Hanafis, they permit paying the value of Zakat-ul-Fitr in money.[21]
Ibn Al-Qayyim highlighted these different viewpoints and concluded that the Prophet, peace and blessings be upon him, prescribed Zakat-ul-Fitr as one Sa` of dates, barley, raisins or dry cottage cheese. These were the main staple kinds of food in Madinah. As for people of other territories, what they should pay is one sa’ of their staple grain, such as corn, rice, etc. But if their main staple food is other than grain, such as milk, meat, fish, etc., then they should pay one Sa` of that particular food. This is the opinion of the majority of scholars and is the preferred point of view, since it achieves the purpose of fulfilling the needs of the poor on the day of `Eid with the staple food of their region.[22]
The amount of Zakat-ul-Fitr, as we referred earlier, is one Sa` of food. There is consensus on this amount among the scholars with regard to all types of food except wheat and raisins. As for these two types the Shafi`is, Malikis and Hanbalis agree that the prescribed amount is one Sa`, however the Hanafis say it is sufficient to pay half Sa` from wheat and they differed with regard to raisins.[23] After discussing the arguments of these two opinions al-Qaradawi reached the following conclusion: wheat was not a common food amongst them during the time of the Prophet so he did not prescribe one Sa` of it as he did with the other types of food. As for those of the Companions of the Prophet who prescribed half Sa` of wheat instead of one Sa` of barely or dates like Mu`awiyah and other Companions, he views that they did so by analogy, since the value of wheat was more than those of other types of food which were equal. But according to their opinion, he says, the value should be considered and taken as the criterion and this will cause instability and confusion for it changes from place to another and from time to time. He mentioned that in Pakistan the value of wheat is less than that of dates, then how should we pay of it half the amount (i.e. Sa`) that we should pay of dates? He also mentioned that nowadays raisins are more expensive than wheat and dates. The only solution for these problems, he says, is to regard Sa` as the criterion and basis.[24]       
Al-Qaradawi explains why the Prophet appointed Sa` as the measure and did not prescribe it in money saying that in his opinion there are two reasons for this: First, money was still rare among the Arabs particularly the Bedouins. They did not have their own currency. So if the Prophet had prescribed it in money, he would have caused hardship to them. Second, the purchasing power of money changes from time to time. For instance, the purchasing power of a certain currency sometimes becomes low and other times high, so paying Zakat-ul-Fitr in money makes its value unstable. That is why the Prophet prescribed it with a stable measure, that is an amount of food which fulfils the needs of one family. For one Sa` provides a family with food for a whole day.[25]
Sa` is a certain measure which equals 4 mudds (a mudd equals a handful of an average man). The contemporary equivalent weights of Sa` differs according to the stuff which is weighted. For example a Sa` of wheat equals 2176 grams, a Sa` of rice is 2520 grams, a Sa` of beans equals 2250 grams etc.[26] Therefore some scholars are of the view that the criterion should be the measure not the weight for there are kinds of food which are heavier than others.[27] But I think this is the case if the equivalent weight of a certain kind of food is not known. If there is no available measure or weight with the person, then he should pay 4 mudds. Nowadays, it is not that problem because ministries of religious affairs in Muslim countries and mosques and Islamic centres in Western countries announce the value of Zakat-ul-Fitr every year. Anyhow, this is the obligatory amount which every Muslim should pay. It is better and recommended that one pays an extra amount, particularly for those who are wealthy, for they will be rewarded for it.
As it is mentioned earlier, the Hanafis permitted the payment of Zakat-ul-Fitr in money. This is the view of Al-Thawri, Al-Hasan al-Basri, and `Umar ibn `Abd al-`Aziz. However, the other three schools did not permit this. Their argument is that the Prophet did not do so and hence its payment in money contradicts the Sunnah of the Prophet. But some contemporary scholars support the Hanafi view since this is easier nowadays for the payer particularly in cities where people use only money for dealings. Among them are Sheikh Shaltut, al-Ghazali, and al-Qaradawi[28] who mentioned earlier the two reasons for which the Prophet did not prescribe it in money. He also stated that the purpose of Zakat-ul-Fitr is to fulfil the needs of the poor and this is achieved also by payment in money and that in most cases and most countries the payment in money is more useful to the poor.[29] He also mentioned that when the Prophet prescribed it from food, it was easy for the payer and useful for the recipient during that time. But nowadays to pay it in food is not useful for the poor because he cannot make use, for instance, of wheat or dates unless he sells them with any price, generally low, to buy his needs with the money.[30]
Al-Qaradawi excluded the times of famines where the payment of food is more useful for the recipients and said that the criterion is the benefit of the poor so if food proves to be more useful as in times of famines and catastrophes, then its payment in kind is better. But if money is more useful, then its payment in money is better.[31]
Nowadays, if we consider the condition in the Muslim world in general and that of Muslims in the West in particular we will discover that the second view is more convenient with the spirit of Islamic legislation and the present condition of Muslims. As we will see later when Muslims living in the West decide to transfer their Zakah funds or some of them to needy Muslims in Muslim countries, then the payment in money is more convenient.

[1]Sabiq, op.cit, vol. III, p. 87.
[2]Abû Dâwûd, Sunan Abî Dâwûd, ed. Muhammad ‘Abd al-‘Azîz al-Khâlidî, vol. 1, Dâr al-Kutub al-‘Ilmiyyah, Beirut, 1416/1996, p. 473.
[3]Qaradâwî, Yûsuf al-, Fiqh al-Zakâh, 4th ed., vol. II, Mu’assasat al-Risâlah, Beirut, 1980, pp. 922.
[4]Shahatah, Hussain H., How to Calculate Zakat ul-Fitr, trans. Abdel-Hamid Eliwa, 1st ed., Al-Falah Foundation, Cairo-Egypt (1999), pp. 3-4.
[5]Bayhaqî, Ahmad b. al-Husayn b. ‘Alî, Sunan al-Bayhaqî al-Kubrâ, ed. Muhammad ‘Abd al-Qâdir ‘Atâ, Maktabat Dâr al-Bâz, Makkah al-Mukarramah, 1414/1994, vol. 3, p. 382.
[6]Shahatah, op.cit, p. 6.
[7]Darqutnî, ‘Alî b. ‘Amr Abû al-Hasan al-, Sunan al-Darqutnî, ed. Al-Sayyid ‘Abdullah Hâshim Yamânî al-Madanî, vol. 2, Dâr al-Ma‘rifah, Beirut, 1386/1966, p.152.
[8]Dahmân, Muhammad Ahmad, Kitâb al-Siyâm, 1st ed., Matba‘at al-Taraqqî, Damascus, 1341/1923, p. 34.
[9]Ibidem, pp. 19-20.
[10]The Qur’ân, ’Âl ‘Imrân [3: 134]
[11]Qaradâwî, Yûsuf, Al-‘Ibâdah fî al-slâm, 5th ed., Maktabat Wahbah, Cairo, 1985,p. 282.
[12] Ibn Qudâmah al-Maqdisî, ‘Abdullâh b. Ahmad, Al-Muqni‘, vol. 1, Al-Maktabah al-Salafiyyah, n.d., p. 336.
[13] Sabiq, op.cit, vol. III, p. 89.
[14] Shahatah, How to Calculate Zakat ul-Fitr, p.17.
[15] Sabiq, op.cit, vol. III, p. 89.
[16] Shahâtah, Hussayn H., Fiqh wa Hisâb Zakât al-Fitr, Cairo 1998, pp. 21-22.
[17]Ibidem, pp. 20-21.
[18]Sabiq, op.cit, vol. III, p. 89.
[20]Qinâwî, ‘Abd al-Râziq Muhammad, Fatâwâ al-Sawm, 1st ed., Dâr Al-Amîn , Cairo, 1998, p. 59.
[21]Shahâtah, Fiqh wa Hisâb Zakât al-Fitr, pp. 11-12.
[22]Ibn Qayyim al-Jawziyyah, A‘lâm Al-Muwaqqi‘în ‘an Rabb Al-‘Âlamîn, vol. III, Dar al-Kutub al-Hadîthah, Cairo, 1969, pp. 15-16.
[23]Qaradâwî, Fiqh al-Zakâh, pp. 932-33.
[24]Ibidem, pp. 937-40.
[25]Qaradâwî, Fatâwâ Mu‘âsirah, vol. I, 8th ed., Dâr al-Qalam, Kuwait, 1420/2000, p. 336.
[26]Shahâtah, Fiqh wa Hisâb Zakât al-Fitr, pp. 16-17.
[27]Qaradâwî, Fiqh al-Zakâh, p. 942.
[28]Shahâtah, Fiqh wa Hisâb Zakât al-Fitr, p. 15.
[29]Qaradâwî, Fiqh al-Zakâh, pp. 948-49.
[31]Qaradâwî, Fiqh al-Zakâh, pp. 950-51.