Hyderabad: As the sacred month of Ramzan reaches its halfway mark, the focus of devout Muslims shifts towards charity and donations. Zakat, an obligatory almsgiving, plays a crucial role in uplifting the less privileged. It is a means to bring joy and relief to struggling households and is considered a fundamental act of worship. Traditionally, a significant portion of zakat has gone to madrasas that impart religious education. However, in recent years, a growing number of community-based voluntary organizations have been seeking zakat contributions to fund secular education and welfare programmes.
Organizations like the Hyderabad Zakat and Charitable Trust (HZCT), spearheaded by Giasuddin Babukhan, have pioneered the use of Zakat money for education. Similarly, the Safa Baitul Maal channels donations into various welfare initiatives and the Helping Hand Foundation supports those in urban slums struggling with health crises and financial burdens. While these initiatives have positively impacted many lives, an often-overlooked group of deserving recipients remains neglected: Undertrial prisoners.
The plight of undertrial prisoners
Hundreds of undertrial prisoners languish in jails across India, many for years, simply because they lack the financial means to fight their cases or secure bail. These individuals, often arrested on dubious or minor charges, suffer in silence, their plight unnoticed by the broader community. Unlike other recipients of zakat, they do not seek alms or knock on doors for help. Their suffering remains hidden, overshadowed by other pressing charitable causes.
The Quran outlines eight eligible categories for zakat recipients in Surah Taubah (verse 60). They include the poor (Fuqara), the needy (Masakeen), those in debt (Gharimeen), administrators of zakat (Amil), new converts to Islam (Muallafatul Qulub), those working in the cause of Allah (Fi Sabilillah), stranded travelers (Ibnus Sabil). One often-ignored category is Riqab, those who are enslaved or imprisoned. Despite this clear Quranic injunction, the concept of using zakat to aid undertrial prisoners is rarely discussed or acted upon.
The conditions in Indian jails are dire, especially for undertrial. A report by the Supreme Court Prison Reforms Committee (2023), led by Justice Amitava Roy, revealed that Indian prisons operate at 130 to 148 percent of their capacity, with undertrial prisoners making up a significant portion. Many of these detainees come from marginalized communities, particularly Muslims and Dalits, who face systemic discrimination and a lack of adequate legal representation.
Well-known IAS coach, Sameer Ahmed Siddiqui, highlights an alarming statistic: within a single year, there were 817 unnatural deaths in jails, with 607 attributed to suicide. Many of these deaths involved innocent individuals trapped under false charges, unable to afford the legal fees required to secure their freedom.
A religious and moral obligation
The neglect of undertrial prisoners contradicts the spirit of zakat, which aims to uplift the suffering and oppressed. As Maulana Obaidur Rahman Athar, Khateeb of Masjid-e-Teen Posh, explains, the Quran discourages seeking alms but encourages the affluent to actively seek out and support the truly needy. Yet, the current trend among many well-off Muslims is to distribute zakat hastily to whoever asks for it, without making an effort to identify the most deserving recipients.
Addressing the needs of undertrial prisoners is a form of charity that carries immense spiritual reward. “Giving a portion of your zakat to release these unfortunate souls is more rewarding than performing Hajj or fasting all year round,” says Siddique. Indeed, freeing an innocent person from wrongful imprisonment aligns with the highest principles of justice and mercy emphasized in Islam.
The challenges in using Zakat
Despite the clear religious justification for aiding undertrial prisoners, several challenges hinder its implementation. One major issue is the absence of an organized system to identify and support deserving prisoners. Unlike madrasas or charitable trusts that have structured processes for receiving and distributing zakat, there are no well-established mechanisms to ensure that funds are used effectively for securing legal aid or bail for under-trials.
Additionally, public perception plays a role in discouraging donations toward this cause. As advocate Anees Ahmed points out, when donors learn that an individual has been jailed for theft, sexual offenses, or other serious crimes, they hesitate to contribute, fearing that they might be aiding criminals. However, many undertrial prisoners are innocent and detained due to systemic flaws, false accusations, or minor infractions that do not warrant prolonged imprisonment. Each case must be examined individually to determine genuine need and eligibility.
A call to action
To bridge this gap, well-structured organizations dedicated to the cause of undertrial prisoners must emerge. Legal aid cells, community-based groups, and religious institutions should collaborate to establish a transparent system for utilizing zakat in securing legal assistance and bail for those who cannot afford it.
Some of the practical steps could be:
Formation of a Zakat Legal Aid Fund: Community leaders and philanthropists can set up a dedicated fund to assist undertrial prisoners, ensuring that the money reaches only those facing unjust imprisonment.
Collaboration with Lawyers and NGOs: Legal professionals and human rights organizations should work together to identify deserving cases and provide necessary representation.
Awareness campaigns: Mosques and religious scholars should educate the Muslim community on the importance of allocating zakat for undertrial prisoners, emphasizing that this aligns with Islamic teachings.
Case-by-case assessment: Before providing financial aid, an impartial body should review each case to determine the legitimacy of the prisoner’s claims and the severity of charges against them.
Undertrial prisoners represent one of the most neglected segments of society, suffering in silence due to financial constraints and a flawed justice system. While zakat has historically been directed toward education and welfare programmes, it is crucial to expand its reach to those unjustly detained. By channeling a portion of zakat funds toward securing their release, the Muslim community can fulfill a vital religious duty while restoring dignity and justice to those who need it most.
This Ramzan, as Muslims strive to purify their wealth through zakat, it is time to look beyond the usual recipients and extend help to the forgotten souls in prison.
Justice is one of the core principles of Islam, and what better way to uphold it than by giving freedom to the innocent?
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