Syariah

Performing Kurban in Money

Selasa, 13 Januari 2009 | 02:03 WIB

Money is simpler to give compared to any other things. Therefore, sometimes, some of us practice kurban by giving money as much as the price of kurban animal. Such practice is invalid as a kurban since the kurban is a form of ibadah designed for slaughtering cattle as clearly mentioned in Q.S. Al Hajj: 34

اْلأَنْعَامِ بَهِيمَةِ مِنْ رَزَقَهُمْ مَا عَلَى اللَّهِ اسْمَ لِيَذْكُرُوا مَنْسَكًا جَعَلْنَا أُمَّةٍ وَلِكُلِّ

And for every ummat, We commanded to slaughter (kurban), in order to make them chant Allah for every cattle bestowed by Allah to them….” (Al Hajj:<> 34)

Although it is invalid as a kurban, but it does not mean that it is useless and also it is not a bid’ah although implicitly Rasulullah SAW never did, legitimized, and approved it.

In fiqh logical reasoning, the money given with the intention of doing kurban becomes a shadaqah or religious aims. And the benefit of shadaqah in its ‘nash’ is clear enough. However, how pity it is if kurban as a yearly ibadah that we practice is not accepted as a kurban because we perform it by giving money.

Based on the ayat (verse) above, Hanafiyyah, Malikiyyah, Syafi’iyyah, and Hanabilah ulema state, that kurban is an ibadah that has the aspect of iraqah ad-dam (slaughtering) which means it can not be replaced with any other things including money. Hanafiyah ulema, who permit paying money for any zakat, apparently prohibit it for kurban.

In this matter, Muhammad ibn Abi Sahl As-Sarkhasiy (dead 490 H) in Al Masbuth juz II, page 157 states, that zakat for every mustahiq has the beneficial dimension to fulfill their needs so it is acceptable to give it as much as the price. While kurban is an ibadah in the form of slaughtering. Therefore, if after slaughtering is performed and before it is delivered, the meat is stolen or loss, still the kurban is valid.

Further, he states, that the kurban slaughtering can not be measured with price, and it contains meaning and essence that the sublimity can not be described. And the sentence is:

 فَكَانَ اْلمُعْتَبَرُ فِي حَقِّهِمْ أَنَّهُ مَحَلٌّ صَالِحٌ لِكِفَايَتِهِمْ حَتَّى تُتَأَدَّى بِالْقِيْمَةِ بِخِلَافِ الهِدَايَا وَالضَّحَايَا فَإنَّ     
لَيْسَ الدَّمِ وَإرَاقَةُ شَيْءٌ يَلْزِمهُ لَمْ بِهِ نَظِيْرٍ قَبْلَ الذَّبْحِ بَعْدَ هَلَكَ وَلَوْ حَتَّى الدَّمِ إرَاقَةَ فِيْهَا الْمُسْتَحِقُ
لْمَعْنَىا مَعْقُوْلٍ وَلَا بِمُتَقَوِّمٍ

“And what is admitted to be the rights of the zakat mustahiq is the beneficial factors to fulfill their needs, so they can give as much as the price. This is different with hadyu and kurban which have the essence of bloodstream (slaughtering), so if the cattle is gone after slaughtered and before given, there is no obligation, even a little one, to be burdened to whom performing kurban. The kurban slaughtering can not be measured by price, and cannot be rationalized its grandeur”.

The similar opinion is stated by Zain ibn Ibrahim ibn Muhammad ibn Muhammad ibn Bakr (926-970 H) in Al-Bahr ar-Raiq, volume II, p.238. The quotation is:

قَيَّدَ الْمُصَنِّفُ بِالزَّكَاةِ لِأَنَّهُ لَا يَجُوْزُ دَفْعُ الْقِيْمَةِ فِيْ الضَّحَايَا وَالْهَدَايَا وَالْعِتْقِ لِأنَّ مَعْنَى الْقُرْبَةِ إرَاقَةِ الدَّمِ وَذَلِكَ لَا يَتَقَوَّمُ

The Kanz ad-Daqaiq writer limits (the discussion about the permission to give money) for zakat obligation. The problem is we can not give money for kurban, hadyu and slave liberating since the essence of kurban is blood stream (slaughtering) that can not be measured with certain price.

Kurban Contribution Delivered in Money
Kurban contribution is a fund comes out from some people to perform kurban, but the fund collected is not intended to buy kurban animal. It is delivered in money. Such practice is the same as practicing kurban in money, and obviously invalid as kurban since it has to be practiced in the form of slaughtering cattle, but it is valid to be a shadaqah if the funding people sincerely give it.

If before the payment, it has been stated that the money will be used to buy kurban animal and it is delivered in money, than it is obligatory to be responsible and give back the money to the funding because it has violated the proper purpose.

If this method is intended to make a fund-raising for a personal interest in the name of kurban, it will be improper and unwise to be done. Even more, such practice could be categorized as a fraud that disgraces the truth and violates the honesty. This kind of practice is not supposed to happen in our society. Amen.

KH Arwani Faishal
Vice Head of Bahtsul Masail PBNU