al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 174-196
ISSN: 1907-591X.
E-ISSN: 2442-3084
DOI: https://doi.
org/10.
19105/al-lhkam.
Between Tradition and Religious Doctrine:
Questioning KiaiAos Status as ZakAt Recipient Afidah Wahyuni Universitas Islam Negeri Syarif Hidayatullah Jakarta.
Indonesia email: afidah.
wahyuni@uinjkt.
Harisah Institut Agama Islam Negeri Madura.
Indonesia email: harisah@iainmadura.
Nur Rohim Yunus Universitas Islam Negeri Syarif Hidayatullah Jakarta.
Indonesia email: nurohimyunus@uinjkt.
Article history: Received: May 08, 2023.
Accepted: September 04, 2023.
Published: June 30, 2024 Abstract:
Commonly, people pay their zakAt to anAf groups based on their preferences and considerations.
However, in Madura, the distribution of zakAt continues to adhere to the traditional notion, wherein it is mainly allocated and prioritized to kiai.
This faces a debatable phenomenon whether Kiai could be zakAt recipients or not.
Therefore, this research aims to explore the diversification role of Kiai in zakAt payment and describe the theological and social construction among zakAt payment in Madura.
The present study employed qualitative research methodologies, specifically utilizing interviews as the primary data collection technique.
The participants in this study included kiai, community members, and leaders from Madurese This research study indicates that the Madurese Muslim community designates kiai as mustahqq zakAt under masAkn, f sablillAh, and aml categories.
The diversification of the KiaiAos role is predicated upon the theological perspective held by Madurese Muslim community which posits that the kiai Author correspondence email: afidah.
wahyuni@uinjkt.
Available online at: http://ejournal.
id/index.
php/alihkam/ Copyright .
2024 by Al-Ihkam.
Jurnal Hukum dan Pranata Sosial Between Tradition and Religious Doctrine:
Questioning KiaiAos Status as ZakAt Recipient is a rightful recipient of zakAt.
Additionally.
Madurese Muslim community keeps a social perception that kiai is a revered individual deserving of compensation.
Consequently, even though Madurese people understand the existence of religious doctrine to whom they have to spend zakAt, they still prioritize giving zakAt to kiai as the result of their typical social Keywords:
Kiai.
ZakAt.
Diversification Introduction In Indonesian society, zakAt distribution has been influenced by local knowledge and values.
Villagers of Lipursari in Wonosobo (Central Jav.
spend zakAt firah on their under two years old infants to the traditional birth attendants or dukun bayi.
1 This has also been practiced by people of Negeri Lha in Maluku by preferring the traditional midwife or so-called mama biang2 as the zakAt recipient.
Among the justifications for this practice is that most of the traditional birth attendants are economically disadvantaged and are considered under f sablillAh category.
Meanwhile, the practice of zakAt distribution for morticians is maintained by West Pasaman and Pariangan society in West Sumatera.
3 In Pariangan society, the morticians called angku nan ampek play a significant role in peopleAos religious lives not only as graveyard field owners, but also the one 1 Moh Taufik Hidayat.
Tri Handayani, and Ubbadul Adzkiya.
AuZakat Fitrah Kepada Dukun Bayi dalam Perspektif Hukum Islam,Ay Iqtisad: Reconstruction of Justice and Welfare for Indonesia 8, no.
: 99, https://doi.
org/10.
31942/iq.
2 Hannani Hannani et al.
AuZakat for Mama Biang in Maluku.
Indonesia:
Ulama Opinion on Fisabilillah in the Perspective of Islamic Legal Anthropology,Ay Samarah 7, no.
: 830Ae47, https://doi.
org/10.
22373/sjhk.
3 Dedisyah Putra and Jannus Tambunan.
AuOptimizing the Role of BodyBathers As a Priority for Zakat Al-Fitr Recipients in Sikilang.
Sungai Aur Pasaman Barat,Ay Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 22, no.
: 201Ae 12, https://doi.
org/10.
30631/alrisalah.
Iing Surizal.
AuAngku Nan Ampek Sebagai Penerima Zakat Menurut Undang-Undang Zakat No.
23 Tahun 2011 di Pariangan Kabupaten Tanah DatarAy (IAIN Batusangkar, http://repo.
id/xmlui/handle/123456789/1066.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 174-196 Afidah Wahyuni, et al.
dealing with marriage and Islamic doctrine.
4 Similar reasoning applies to them as considered as f sablillAh category while some of them are economically disadvantaged.
These two examples show how zakAt management often involves local customs or adat, including to whom it is distributed, like what occurs among Madurese people in which the zakAt is given to kiai.
Madurese people like to give zakAt firah to QurAoanic teachers, the ones who taught them to recite the QurAoan at young ages, kiai, or 5 This preference relies upon assumption that kiai is under f sablillAh category as one of mustahqqs or those who deserve to receive zakAt.
In addition to it, there are cultural reasons for preferring the kiai as zakAt recipient, namely priority put to those considered influential in social life.
Ideally, zakAt is supposed to serve as a significant financial resource for fostering economic growth within communities.
However, alignment between the development of zakAt distribution and zakAt management organizations is not consistently observed, as conventional methods of zakAt distribution are frequently employed.
In other words, zakAt management institutions are still trying hard to persuade the public so that they can trust the institution to distribute their zakAt.
The public, on the other hand, demands openness and strong accountability from zakAt management organizations along with varying demands for the functions and benefits of zakAt.
This shows how large the gap between ideal and real situation of zakAt management in Indonesia.
4 Surizal.
AuAngku Nan Ampek Sebagai Penerima Zakat Menurut UndangUndang Zakat No.
23 Tahun 2011 di Pariangan Kabupaten Tanah Datar.
Ay 5 Rusdaya Basri and Amelia Wahid.
AuDistribusi Zakat Fitrah di Kelurahan Benteng Kecamatan Baranti Kabupaten Sidrap (Tinjauan Hukum Isla.
,Ay Jurnal Hukum Diktum .
131Ae46, https://doi.
org/https://doi.
org/10.
35905/diktum.
Muhammad Hasan.
AuPengamalan dan Pengelolaan Zakat Berbasis Kearifan Lokal (Studi di Masyarakat Kampung Sangga.
,Ay Al-AoAdalah .
891Ae902, https://doi.
org/http://dx.
org/10.
24042/adalah.
6 Najib Kailani and Martin Slama.
AuAccelerating Islamic Charities in Indonesia:
Zakat.
Sedekah and the Immediacy of Social Media,Ay South East Asia Research 28, no.
: 70Ae86, https://doi.
org/10.
1080/0967828X.
Arif Hidayatullah and Anita Priantina.
AuToward Zakat Management Integration in Indonesia: Problems Solution,Ay Ahkam .
321Ae47, https://doi.
org/https://doi.
org/10.
15408/ajis.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 174-196 Between Tradition and Religious Doctrine:
Questioning KiaiAos Status as ZakAt Recipient Effective management and competent human resources are therefore essential in zakAt management institutions.
7 Additionally, it is imperative for zakAt management institutions to actively engage in educational endeavors to enhance public awareness regarding the significance of zakAt, its effective administration, and the beneficial outcomes that generate for individualsAo need.
8 Public needs to be educated that the maximum role of zakAt institutions potentially impacts household economic growth.
Furthermore, through good management, zakAt is proven as an effective tool to foster unity between the rich and the poor, primarily because the wealthy will always seem to be more socially conscious than the destitute.
Sympathy will give birth to empathy between communities and help society overcome criminal cases such as theft and robbery.
9 The maximum role of zakAt will erode the jealousy and hatred .
l-uasad wal-karAhiya.
of the poor towards the rich because the former feel sincerely helped and cared of quite well.
Meanwhile, if the rich seem to ignore their situation without any concern, it can create hatred and envy towards these rich people.
This all shows how the existence of zakAt contributes to the peace and harmony of life among Muslims.
This is in line with zakAtAos etymological meanings which include purification, sanctity, development, growth, and praise.
In a common term, zakAt refers to a portion of AllahAos property that is required to be spent by several people who are eligible to receive it.
ZakAt, in short, is a form of economic and social worship.
11 The distribution of zakAt is set in such 7 Aznan Hasan et al.
AuA Proposed Human Resource Management Model for Zakat Institutions in Malaysia,Ay ISRA: International Journal of Islamic Finance 11, no.
: 98Ae109, https://doi.
org/10.
1108/IJIF-10-2017-0036.
8 Kazi Sohag et al.
AuCan Zakat System Alleviate Rural Poverty in Bangladesh? A Propensity Score Matching Approach,Ay Journal of Poverty, 2015, 261Ae77, https://doi.
org/https://doi.
org/10.
1080/10875549.
9 Oni Sahroni et al.
Fikih Zakat Kontemporer (Jakarta: PT Raja Grafindo Persada, 2.
, 18Ae19.
10 Oni Sahroni et al.
, 28Ae30.
Maulana Hamzah.
Sekolah Bisnis, and Institut Pertanian Bogor.
AuManajemen Pengelolaan Zakat di Bangladesh,Ay IJIEB: Indonesian Journal of Islamic Economics and Business 3, no.
: 46Ae57, http://ejournal.
id/ojp/index.
php/ijoieb.
11 Mohammad Hefni.
Islam Madura: Sebuah Studi Konstruktivisme Strukturalis Tentang Relasi Islam Pesantren dan Islam Kampung di Sumenep Madura (Batu: Literasi Nusantara, 2.
, 173Ae174.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 174-196 Afidah Wahyuni, et al.
a way because it is a method of distributing wealth for the benefit of mustasafn or weak people.
The obligation to pay zakAt is one of the pillars of Islam that is valid for ownership of oneAos assets based on written rules in the QurAoan and hadith.
So far, ordinary people tend to misinterpret zakAt as merely a manifestation of oneAos charity which appears to be 13 This viewpoint, among others, is widely held in Madurese society which likes to give petra .
akAt firah in Madures.
to kiai and their very first QurAoan teachers called ghuru tolang.
Kiai, according to Madurese community, are those most entitled to zakAt firah.
When a Madurese studied the QurAoan in a langgar .
mall prayer plac.
before studying with kiai at Islamic boarding schools, the position of the ghuru tolang is still respected, including in the preference of zakAt recipients.
14 Some following cases are in line with Distribution of zakAt in Karang Penang.
Sampang is still held in a traditional consumptive manner.
It is delivered directly to people entitled to receive zakAt.
The muzakk .
akAt giver.
distribute the zakAt assets to the community or religious leaders surrounding the community who are eligible to receive zakAt.
This closely relates to low trust in zakAt management institutions as well as a lack of public understanding about productive zakAt distribution.
15 In fact, good zakAt distribution potentially influences peopleAos economic condition as long as it is distributed correctly.
This is in line with a previous study showing how zakAt becomes an instrument of poverty alleviation through good management of zakAt institutions.
For this 12 Abdul Aziz.
Etika Bisnis Perspektif Islam: Implementasi Etika Islami Untuk Dunia Usaha (Bandung: Penerbit Alfabeta, 2.
, 19.
Mahdi Syahbandir et al.
AuState and Islamic Law: A Study of Legal Politics on Zakat as a Tax Deduction in Aceh,Ay Ahkam:
Jurnal Ilmu Syariah .
161Ae84, https://doi.
org/10.
15408/ajis.
13 Nurul Fitriandari.
AuZakat Produktif Bibit Palawija Sebagai Instrumen Moderasi Islam dalam Mengembangkan Efisiensi Pajak Penghasilan,Ay MIYAH: Jurnal Studi Islam Vol.
No.
1Ae23, https://doi.
org/https://doi.
org/10.
33754/miyah.
14 Hefni.
Islam Madura: Sebuah Studi Konstruktivisme Strukturalis Tentang Relasi Islam Pesantren dan Islam Kampung di Sumenep Madura, 175Ae76.
15 Harisah and Zainulloh.
AuPraktik Distribusi Zakat Konsumtif Tradisional di Karang Penang Sampang,Ay Ulymuna: Jurnal Studi Keislaman 5, no.
: 130Ae45, https://doi.
org/https://doi.
org/10.
36420/ju.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 174-196 Between Tradition and Religious Doctrine:
Questioning KiaiAos Status as ZakAt Recipient idea to be successful, there must be resources for mustahq's business capital .
ither in cash or required equipmen.
, a business consultant or companion, and collaboration between mustahq.
BAZ and LAZ, the government, and business actors through a partnership program.
Besides, the accurate data about mustahq availability is another contributing aspect.
The paradox or contradictory issue appears when Madurese kiai become zakAt recipient while some of them are not poor.
Preobservation makes it clear that a lot of Madurese Kiai are economically settled or even rich.
17 They have both passive and active income every month.
However, they still get zakAt at zakAt distribution sessions, usually during Ramadhan month.
This is partly caused by peopleAos assumption, like what was found in Bangkalan, that zakAt must still be given to kiai regardless of their economic conditions otherwise local society will mock them.
Many zakAt studies have been conducted by several researchers such as Suaidi,18 Harisah and Zainulloh,19 and Firmansyah.
20 However, that research mainly talks about the practice of zakAt for social life.
They found that zakAt can reduce the amount of poverty rates as long as it is well-managed.
Meanwhile, relating to studies on kiai.
Zamakhsyari Dhofier,21 Arifin,22 Al Firdaus,23 and 16 Achmad Syaiful Hidayat Anwar.
AuModel Pemberdayaan Ekonomi Mustahq Melalui Zakat,Ay Jeam .
51Ae61, https://doi.
org/https://doi.
org/10.
19184/jeam.
17 Abd.
Muni, a Kiai from Bangkalan Regency.
Madura.
Interview.
18 Suaidi Suaidi.
AuPersepsi Masyarakat Pesisir Madura Terhadap Mustahq Zakat: Kajian Atas Pemberian Zakat Fitrah Kepada Kiai di Dusun Laok Tambak.
Desa Padelegan.
Kec.
Pademawu.
Kab.
PamekasanAy (Thesis.
Universitas Islam Negeri Maulana Malik Ibrahim Malang, 2.
, 89Ae90.
19 Harisah and Zainulloh.
AuPraktik Distribusi Zakat Konsumtif Tradisional di Karang Penang Sampang.
Ay 20 Firmansyah.
AuZakat Sebagai Instrumen Pengentasan Kemiskinan dan Kesenjangan Pendapatan Zakat as an Instrument for Poverty and Inequality Reduction,Ay Jurnal Ekonomi dan Pembangunan 21, no.
: 179Ae90, https://doi.
org/https://doi.
org/10.
14203/JEP.
21 Zamakhsyari Dhofier.
AuThe Pesantren Tradition: A Study of the Role of the Kiai in the Maintenance of the Traditional Ideology of Islam in JavaAy (Dissertation.
Australia.
Australian National University, 1.
22 Achmad Z.
Arifin.
AuCharisma and Rationalisation in a Modernising Pesantren: Changing Values in Traditional Islamic Education in JavaAy (Phd Thesis.
University Western Sydney.
Australia, https://researchdirect.
au/islandora/object/uws:17130/.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 174-196 Afidah Wahyuni, et al.
Niam24 revealed how varied their roles in societies are.
They maintain traditional Islamic ideology in Java while holding traditional religious leadership in the field of education and socio-political spheres.
At the same time, kiai is counted on voicing counter-narrative of radical interpretation of Islam by offering religious moderation in understanding Islamic doctrine.
From those two research themes, it is assumed that there is still limited research about the role of kiai as both zakAt managers and recipients.
Therefore, we want to fill this missing piece through a deep exploration and analysis.
The primary objective of this research is to explore kiai's position in receiving zakAt both as mustahqq and traditional aml .
nformal one.
, either through consumptive distribution or productive in supporting Islamic boarding school development.
limits the scope to zakAt firah and zakAt mal.
Besides, this research also wants to reveal the theological and social construction of zakAt distribution to Madurese kiai.
Examining customs and principles that form the foundation of zakAt allocation can provide valuable insights into the intricate cultural fabric of Madurese society.
Furthermore, this study holds significance in elucidating the importance of kiaiAos involvement in the allocation of zakAt funds, hence facilitating an assessment of the degree to which traditionalism impacts decisionmaking processes about the collection and distribution of zakAt.
This study possesses the capacity to generate novel insights within the scientific literature about Islamic studies, the sociology of religion, and social anthropology.
It has the potential to serve as a significant reference for future studies by recording zakAt practices in Madura as well as directing relevant decision-making.
By comprehending the function of kiai in the diversification of zakAt distribution, this study offers valuable insights into establishing sustainable and contextually appropriate distribution patterns that align with contemporary demands and situations.
23 Laila Kholid Alfirdaus.
AuIslam and Local Politics: In the Quest of Kiai.
Politics, and Development in Kebumen, 2008-2010,Ay Al-JamiAoah 51, no.
: 279Ae 309, https://doi.
org/10.
14421/ajis.
Yanwar Pribadi.
AuThe Suramadu Bridge Affair: Un-Bridging the State and the Kyai in New Order Madura,Ay Studia Islamika 22, no.
: 233Ae67, https://doi.
org/10.
15408/sdi.
24 Leonie Schmidt.
AuAesthetics of Authority: AoIslam NusantaraAo and Islamic AoRadicalismAo in Indonesian Film and Social Media,Ay Religion 51, no.
: 237Ae58, https://doi.
org/10.
1080/0048721X.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 174-196 Between Tradition and Religious Doctrine:
Questioning KiaiAos Status as ZakAt Recipient Methods This research is a case study with a qualitative descriptive 25 We gathered the data from four districts, namely Bangkalan.
Sampang.
Pamekasan and Sumenep Regency through interview and observation techniques.
The interview engages three primary categories of informants: .
Kiai as Islamic scholars with religious authority who, in this context, become zakAt recipients as well as managers, .
Madurese people who spend zakAt to kiai, and .
Community leaders.
Additionally, we also conducted observations to gain insights into the routines and behaviors of Madurese community in the distribution of zakAt with a particular focus on allocating funds to kiai.
The study encompassed observations conducted throughout multiple districts on Madura Island aiming to capture the diverse community habits that may exhibit regional variances.
Additionally, to check the validity of the data, we use sources and methods In analyzing the data, we use the concept of qualitative analysis technique by Miles.
Huberman, and Saldana as can be seen in Figure 1.
Figure 1.
Analysis Technique by Miles.
Huberman, and Saldana As can be seen in Figure 1, we use four steps that consist of data collection, data condensation, data display, and verification.
25 J.
Creswell.
Qualitative Inquiry and Research Design.
Choosing among Five Traditions (Thousand Oaks.
London.
New Delhi: Sage Publications, 1.
, 241.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 174-196 Afidah Wahyuni, et al.
Those four steps of analysis techniques are used interactively from the start of taking the data until the research result is revealed.
Meanwhile, the primary objective of this study is to observe and analyze various approaches that the community employs in distributing zakAt to kiai.
This includes the methods employed for zakAt collection which may involve direct collection, utilization of institutional channels, or electronic platforms.
Result and Discussion Diversification of KiaiAos Position in ZakAt Distribution ZakAt distribution in Madura is unique compared to that of other The existence of kiai and the culture of Madurese societies are the reasons beyond this.
For Madurese, kiai have very important roles because of their expertise in religious knowledge and their services in developing the community.
26 Abdur Rouf, one of the informants, argued that zakAt in Madura is still distributed in a very traditional manner, mainly in a special case in which the muzakk are migrants.
He further stated that:
AuA The muzakk appoints an aml to collect the mustahqq and disburse the zakAt funds.
This method is typically used by migrants.
For example, when several relatives are working in Malaysia, a member of each family will appoint an aml to collect money and then distribute it to the community.
Ay27 It can be seen from RoufAos statement that Madurese sometimes pointing the aml by themselves.
Aml here tends to be culturally based rather formally one, and kiai are often the ones entitled to play the role of aml.
They do not pay the zakAt to a formal aml zakAt This statement is also emphasized by Asnawit as follows:
AuA I also did the same thing.
I pay my zakAt directly to one of anAf, especially for those who need it.
Since years 26 Mohammad Kosim.
AuKyai and Blater (Local Elite in Madurese Societ.
,Ay Karsa: Jurnal Sosial dan Budaya Keislaman 12, no.
: 150Ae60, https://doi.
org/https://doi.
org/10.
19105/karsa.
27 Abdur Rouf, reading Quran teachers in Karang Penang Sampang.
Interview.
September 9, 2020 al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 174-196 Between Tradition and Religious Doctrine:
Questioning KiaiAos Status as ZakAt Recipient ago.
I never pay my zakAt to the aml even though some people here pay their zakAt to aml.
Ay28 From those two interviews, we found that Madurese communities tend to pay zakAt by themselves, either by doing it directly or appointing someone whom they trust, namely kiai, when they are far away.
It doesnAot mean that all of Madurese do the same thing, but it can represent how Madurese people put their trust in this specific matter.
Besides those facts, it is found that some kiai in Madura also accept zakAt, as mentioned by Abd.
Muni as follows:
AuAIn Bangkalan, some kiai accept zakAt from the community even though this is a debatable issue.
relative who is a kiai, for example, still accepts zakAt.
even becomes a compulsory thing to prefer kiai when spending zakAt.
This aims to support the development of institutions .
oarding school.
he is runningAAy29 Abd.
MuniAos testimony is in line with Asnawi, a kiai, who mentioned so:
AuAsome people still give me zakAt every year.
Actually.
I personally reject it with a certain reasoning such as by saying that it is better if they give their zakAt to any correct person rather than to me.
I did this for both zakAt maal and firahAAy It is obvious that some kiai feel ok becoming zakAt recipients, while some others do not share the same.
Another kiai in Pamekasan.
Farid, further explained the reasons why some Madurese people keep giving zakAt to kiai like him.
He further said as follows:
AuMadurese people, mostly, still believe that their preference to pay zakAt to kiai is a correct decision.
They argue that kiai is part anAf group which is entitled to 28 M.
Asnawi, a Kiai in Yayasan Roudhotul Jannah Batu Putih.
Sumenep.
Interview.
29 Abd.
Muni, a Kiai in Tanah Merah.
Bangkalan.
Interview.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 174-196 Afidah Wahyuni, et al.
receive zakAt.
To be specific, they are categorized as f sablillAh.
Meanwhile, in Pamekasan itself.
I predict there will be some kiais who are economically unstable.
means, as well, that kiai also has the right to get zakAt from masAkn category.
Ay30 What A.
Farid mentioned implies that kiai itself varies enough not only in the sense of how the scale they engage in social activities and religious doctrine, but also in economic situation.
Therefore, it is highly assumed that there are three statuses of kiai in receiving the zakAt.
Kiai accepts zakAt in term one of three conditions based on each circumstance, namely masAkn, aml, and f sablillAh.
Many kiai in Madura still fall into masAkn category, particularly those serving this role without managing any Islamic boarding schools.
They play a role in serving a langgar .
mall mosque.
where the children learn to recite the QurAoan and basic daily worship, particularly doing prayers.
31 Madurese people also consider this type of kiai when spending their zakAt rather than others.
32 This is consistent with ZainullohAos statement that the community will be very concerned about kiai who are still in economic insufficiency, particularly in spending zakAt firah.
If a family has six members and they find the type of kiai nearby, they tend to give all of their family membersAo zakAt firah to that one kiai.
For masAkn, zakAt is deemed to be able to improve their lives and social conditions.
However, this is only valid when the distribution is set for productive instead of consumptive ones.
33 Some studies show how community businesses significantly affect mustahqq 34 To ensure that the productive zakAt program runs smoothly and significantly improves the welfare of the poor, all Muslims, 30 A.
Farid Mawardi Sufyan, a Kiai in Pamekasan.
Interview.
31 Zainulloh.
Lecturer at Pondok Pesatren Miftahul Ulum College Panyeppen Pamekasan and Treasurer of Wali Songo Sampang Sharia Cooperative.
Interview.
April 19, 2022.
32 Hermanto.
People of Karang Penang Sampang.
Interview.
March 12, 2022 33 Syahril Jamil.
AuPrioritas Mustahq Zakat Menurut Teungku Muhammad Hasbi Ash Shiddieqy,Ay Istinbath .
145Ae59, http://jurnal.
id/index.
php/istinbath/article/view/791/699.
34 Tika Widiastuti et al.
AuA Mediating Effect of Business Growth on Zakat Empowerment Program and MustahqAos Welfare,Ay Cogent Business and Management 8, 1 .
, https://doi.
org/10.
1080/23311975.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 174-196 Between Tradition and Religious Doctrine:
Questioning KiaiAos Status as ZakAt Recipient including the government, aml zakAt bodies, and Indonesian community, are required to work together to develop zakAt according to its potential so that it can be used for its intended purpose.
35 This ideal scheme, unfortunately, is not implemented at the case of spending zakAt to Madurese kiai because it tends to fit with consumptive criteria.
The second is kiaiAos position as aml zakAt.
This occurs, for instance, in the case of migrant workers as mentioned above.
Most of the time, kiai do not declare themselves as an aml, yet the community themselves trust him to find the right recipient.
of the zakAt.
If a kiai runs an Islamic boarding house, for example, then the zakAt spent on him can be redistributed to build new infrastructure for the boarding house, schools, etc.
Whether or not a kiai manages an Islamic boarding school, this role puts him as a channeling person between zakAt payer and recipients so that it can be spent on the right target.
Usually, the funds collected by an aml are only a few, the priority will be set to mustahqq individuals even if for consumption purposes.
However, if the funds are more than sufficient, they can be used for productive investments involving groups of people experiencing poverty.
This is obviously in line with one of zakAtAos functions in poverty alleviation programs by channeling zakAt.
PeopleAos preference for kiai as the aml whom they trust typically happens in spending zakAt mAl.
This is mainly because compared to zakAt firah, zakAt mal is far more flexible and can suit each payerAos preference in the sense of form, volume, the way they spend, and the one whom they choose as the recipients.
On the other hand, the preference closely relates to how Madurese obeys kiai and makes them good examples in various life aspects.
According to Bustami, the obedience of Madurese people to kiai is particularly at morality and ukhrowi .
When kiai tell them such knowledge about 35 Schmidt.
AuAesthetics of Authority: AoIslam NusantaraAo and Islamic AoRadicalismAo in Indonesian Film and Social Media.
Ay 36 Ade Mulyana.
AuStrategi Pendayagunaan Zakat Produktif,Ay Muamalatuna 11, 2 .
: 50, https://doi.
org/10.
37035/mua.
Aab Abdullah.
AuStrategi Pendayagunaan Zakat Produktif: Studi BAZ Kabupaten Sukabumi Jawa Barat,Ay Alamiah: Jurnal Muamalah dan Ekonomi Syariah 1, no.
: 1Ae21, https://doi.
org/10.
56406/alamiahjurnalmuamalahdanekonomisyariah.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 174-196 Afidah Wahyuni, et al.
fortune and works, for instance, it will really influence how Madurese peopleAos way of thinking even some important life decisions.
Third, kiai as f sablillAh category.
F sablillAh is one of the multi-interpretative concepts among mustahqq anAf of zakAt.
contrast to the other seven anAf, f sablillAh seems to imply a wider meaning and it is not clear to whom and what it is aimed.
The word f sablillAh which means Aoin the way of AllahAo requires a companion word to explain its scope and meaning.
38 Otherwise, f sablillAh is only specific to people who fight to defend the religion of Allah which can be irrelevant when fighting is only limited for war situation.
In fact, zakAt assets can be spent for building mosques, madrasas and the like for general interest.
Therefore, the meaning of f sablillAh can be enlarged to various contexts, including kiai someone who fights in the religion of Allah SWT, either through da'wah or by positioning himself as someone who greatly contributes to education and peopleAos To some extent, kiaiAos influence exceeds that of other formal leadership institutions because it covers religious, cultural, as well as social realms.
More particularly, kiai hold a critical position in providing knowledge or information to develop peopleAos awareness of giving zakAt much more any formal studies such as lectures or 39 Broader than that, kiai are the prominent figures in various affairs, such as being the one to consult with about religious issues, healing treatment medicine, fortune, wedding spouse, house building, farming, social conflict, career, politics, and other life issues.
It makes very much sense, therefore, to choose kiai as the zakAt recipient according to their strategic roles in both religious and social matters.
In addition to showing differences in kiaiAos individual situation, three statuses of kiai as zakAt recipients imply their various roles in society that make them deserve flexibility to accept zakAt, 37 Abdul Latief Bustami.
AuMadura Yang Patuh (Kajian Antropologi Mengenai Budaya Madur.
Kritik Wacana,Ay (Center for Research on Inter-group Relation and Conflict Resolution.
Ceric.
UI: Jakarta, 02 Marc.
38 L Hakim.
AuKonsep AnAf F Sabilillah: Kajian Komparatif Pendapat Ulama Salaf Daan Kontemporer,Ay At-Tauzi: Islamic Economic Journal 20, no.
: 42Ae52, https://doi.
org/https://doi.
org/10.
37820/attauzi.
39 Aziz Ur Rehman.
Ejaz Aslam, and Anam Iqbal.
AuFactors Influencing the Intention to Give ZakAt on Employment Income: Evidence from the Kingdom of Saudi Arabia,Ay Islamic Economic Studies 29, no.
: 33Ae49, https://doi.
org/10.
1108/ies05-2020-0017.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 174-196 Between Tradition and Religious Doctrine:
Questioning KiaiAos Status as ZakAt Recipient whether as direct recipients or channels.
However, when compared, it is f sablillAh category that can be valid for kiai with whatever situations they deal with.
Whether or not they are economically settled or running Islamic boarding schools, the role they play puts them as serving f sablillAh mission either in education, society empowerment, guidance and consultation service, or others.
Meanwhile, masAkn or aml category depends on their own specific situation, particularly their economic condition and how trustworthy they are to be entitled as the aml in mediating the zakAt payers and This furthermore shows how the decision to prefer kiai as zakAt recipient closely relates to both theological and social construction among Madurese people as the following section will Theological and Social Constructions of Kiai as ZakAt Recipients ZakAt is one of the Islamic pillars that Muslim are famliar with.
Although it is still in dispute whether it ranks third or fourth, obedience to paying zakAt among Madurese is relatively unquestionable, including that of zakAt firah and zakAt mAl.
Furthermore, spending zakAt is labeled a mAliyah ijtimA'iyyah worship which has a very important, strategic and decisive position in terms of developing peopleAos welfare.
40 The distribution of assets serves as a method and instrument for empowering people experiencing poverty and making it easier for them to gain access to capital for doing 41 This concept is built from theological construction which people have to pay their zakAt to eight categories of people.
They are known as anAf groups.
Compared to other Islamic pillars, zakAt is the one that potentially impacts on people and society at general in a clear way, namely in poverty alleviation and welfare distribution.
It also implies social care and solidarity among the riches and the poor.
Not spending zakAt potentially leads to social sanction because this activity can be easily seen by others.
Moreover, zakAt spending has a sort of 40 Hakim.
AuKonsep AnAf F Sabilillah: Kajian Komparatif Pendapat Ulama Salaf Daan Kontemporer.
Ay 41 Yoghi Citra Pratama.
AuPeran Zakat dalam Penanggulangan Kemiskinan (Studi Kasus: Program Zakat Produktif Pada Badan Amil Zakat Nasiona.
,Ay Tauhidinomics .
http://journal.
id/index.
php/tauhidinomics/article/viewFile/3327/2557.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 174-196 Afidah Wahyuni, et al.
specific period, namely during Ramadhan month.
This is initially only valid for zakAt firah, but other types of zakAt, specifically zakAt mAl, also take place at the same moment.
This is the one that makes zakAt intertwined with not only religious issues, but also cultural ones.
Consequently, diverse statuses of kiai as the zakAt recipients42 are also reviewed using those two aspects.
Asnawi, one of the informants, mentioned that kiai as the zakAt recipients due to their status of f sablillAh must be evaluated.
He personally argues as AuA Kiai receives zakAt .
ecause deeme.
as f sablillAh In my point of view, it is recently not relevant As time goes by, some kiai have recently done a bit differently from kiai in previous eras.
Years ago.
I do believe that they did not run any business so that they could focus on developing their Islamic institution and serving their people.
However, recently, besides managing the boarding schools, some kiai also run any business and have some jobs.
In my point of view, they cannot be categorized as f sablillAh anymore.
However, personally I cannot refuse when people spend the zakAt to meAAy43 AsnawiAos argument is in line with Abd.
MuniAos statement as stated below:
AuAIn my region, itAos a bit different.
Some Madurese still give their zakAt to kiai due to their opinion that kiai is a part of f sablillAh or masAkn.
When the kiai have adequate economic income, they are not counted as masAkn anymore.
Rather, they are deemed as f sablillAh and the zakAt is dedicated for the development of the institution they are running, not for the individual kiaiAAy44 42 K.
Abd Wahid.
Pengasuh Yayasan Al-Hafidz Kramat Pamekasan.
Interview.
43 Asnawi, a Kiai in Yayasan.
Interview.
44 Muni, a Kiai in Tanah Merah.
Bangkalan.
Interview.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 174-196 Between Tradition and Religious Doctrine:
Questioning KiaiAos Status as ZakAt Recipient Both Asnawi and Abd.
Muni actually has a similar point of view about the shifting concept of both masAkn and f sablillAh.
Using different accentuations, they argue that there is a shift in those concepts following kiaiAos current situation.
Some expand roles by running businesses and getting adequate income in addition to managing the boarding school.
This type is considered not eligible any more in masAkn, let alone to receive zakAt as individuals.
However, as some people keep preferring them when spending zakAt, they are counted as f sablillAh category instead due to their community service and Islamic education.
This concept, however, is not free from polemic considering the emergence of the assumption that the level of f sablillAh of nowadays kiai is relatively not the same or lower than the divine dedication that the kiai in previous era did.
Additionally, the shifting concept potentially occurs in aml.
When a kiai engages in any formal aml or zakAt collector, the potential to gain much zakAt can increase due to the social capital and authority that the kiai holds.
This is certainly advantageous for both kiai and aml institutions because the preference on the institution will be higher than not involving kiai.
On the other hand, by engaging at the aml institution, kiai can enjoy some privileges, including access and income, even though that this involvement might reduce f sablillAh scale beyond their activities.
In fact, when this specific case happens, it is believed that in essence, kiai is not the main goal to receive the zakAt, but rather channeling persons to manage and distribute the zakAt for educational facilities such as madrasas, mosques and other social In Islamic legal literature, this practice is still a dispute or of a different opinion.
Some allow it, and others don't allow it and even forbid it.
45 The legal basis for the impermissibility of zakAt spending to infrastructure development comes from 4 madzhab .
iqh schoo.
ImAms .
eader or pionee.
, namely Imam Syafi'i.
Imam Maliki.
Imam Hanafi and Imam Maliki.
Asy-SyaAorani clearly stated that "the ImAms of four fiqh schools have agreed that it is not permissible to distribute zakAt for building mosques.
Ay46 Mahbub Maafi Ramdlan.
AuHukum Berzakat Untuk Masjid,Ay NU-Online, 2017, https://islam.
id/bahtsul-masail/hukum-berzakat-untuk-masjid-OUL6B.
46 Abdul Wahhab Asy-SyaAorani.
Al-Mizanul Kubra (Jakarta: Darul Kutub AlIslamiyyah, n.
), 13.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 174-196 Afidah Wahyuni, et al.
Apart from the controversy and no matter the shift had or might happen, the culture of paying zakAt has been shaped among Madurese.
An informant named Hermanto commented below:
AuAthe distribution of zakAt firah in the form of money or rice to people experiencing poverty every Eid is through kiai as .
hey are considere.
f sablillAh.
Ay47 Similar to Hermanto.
Dari stated so:
AuAin Karang Penang, the distribution of zakAt mAl had become a custom that takes place in the last week of the fasting month.
Most people like to distribute it to kiai, particularly the economically less fortunate ones.
They hold both f sablillAh and masAkn categoriesAAy48 Those excerpts highly suggest how important kiaiAos position among Madurese people is, let alone in issues regarding zakAt.
They are the leading figures to emulate and protect the community by giving and distributing zakAt to the right recipients.
MadureseAo obedience to kiai sometimes exceeds reasonable limits to the point where they do not dare to argue against or correct the kiai.
Instead, they frequently accept kiaiAos every word and deem their every deed as Therefore, criticizing a kiai can be disastrous because they tend to avoid kiaiAos anger.
49 Furthermore, kiai are still the main figures to direct and even control peopleAos activities.
This also happens in zakAt distribution which only serves to meet the communityAos needs in the short term, namely assisting in the purchase of necessities during Ramadan or Eid.
50 This practice has become a culture and characteristic of Madurese Islam sablillAh.
47 Hermanto.
People of Karang Penang Sampang.
Interview.
48 M.
Dari.
Marketing Employee of Wali Songo Sampang Sharia Cooperative.
Interview.
September 12, 2022 49 Amir Syaefudin.
Garis Besar Fiqih (Jakarta: Prenata Media, n.
), 34.
50 Karmawan.
AuMediation in the Religious Courts of Indonesia,Ay AHKAM :
Jurnal Ilmu Syariah https://doi.
org/https://doi.
org/10.
15408/ajis.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 174-196 Between Tradition and Religious Doctrine:
Questioning KiaiAos Status as ZakAt Recipient Madurese motivation beyond their obedience to kiai, including preference to make them zakAt recipients with various entitlements,51 is actually a hope for getting blessings.
They commonly believe that kiai can make it easier to get blessings because of the community service they run or the simple life they choose to live.
52 This is a belief preserved across generations that become well maintained despite the criticism from recent generations.
Kiai, on the other hand, keeps trying to build horizontal and vertical dimensions with fellow kiai and society so that their authority remains strong.
In a wider scope.
Madurese culture of buppaAo-bhabbuAo-ghururato is still prevalently believed in society with the ghuru as one of the most respected persons.
Ghuru here can include kiai as the one who provides information, knowledge, teaching to guidance.
Therefore, it makes sense to find the distribution of zakAt to kiai in both Ramadhan month and every agricultural crop harvest.
Before selling something from the harvest.
Madurese people pay zakAt to kiai nearby.
They consider it obligatory to prioritize zakAt to kiai before spending it anywhere else else.
To sum up, even though Madurese people understand the religious doctrines or the theological construction of zakAt, in paying zakAt, they still consider their local culture.
The local culture was formed by social construction which Madurese people tend to pay their zakAt to Kiai.
They prioritize giving the zakAt to Kiai as part of anAf rather than the other anAf groups if in their societies there exists a Kiai.
Considering both theological and social contexts beyond zakAt spending to kiai, it therefore needs reconsideration so that the distribution of zakAt is more directed towards creating long-term benefits for people and the welfare of people who really need it.
Having that in mind, the purpose of zakAt is more likely to be Certainly, the role of kiai is very much strategic in driving the change from the consumptive and short-term advantages of zakAt into long-term productive ones.
51 K.
Muhammad Taufiq.
Member of NU Branch Board Tlanakan Subdistrict Pamekasan Madura.
Interview.
January 20, 2021.
52 K.
Ah.
Kusairi.
Pengasuh Yayasan Pendidikan dan Sosial Nurul Ulum Pamekasan.
Interview.
November 23, 2020.
53 K.
Abdul Haq Sawqy.
Student Association Board of Nadhatul Ulama Pamekasan Madura.
Interview.
March 5, 2021.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 174-196 Afidah Wahyuni, et al.
Conclusion Madurese community has established the status of the kiai as a recipient of zakAt out of gratitude and reverence for kiaiAos educational and social contributions to the community.
This practice also reflects the communityAos aspirations for divine favors.
The categorization of kiai as mustahqq zakAt encompasses three distinct groups.
The initial category is referred to as Auaml,Ay which is typically occupied by kiai due to their reputation as individuals possessing the highest level of trustworthiness in the distribution of zakAt.
Another significant aspect is the kiaiAos role as f sablillAh, encompassing their responsibilities as the progenitor, enforcer, and advocate for religious principles.
The third place is occupied by kiai commonly seen as impoverished or masAkn.
The Kiai who are regarded as the most esteemed masAkn in this role are mostly those recognized as ghuru tolang, or the instructors who initially introduced the QurAoan.
This research is limited to the three positions attached to Kyai as zakAt mustahqq.
However, we have not yet seen the impact of these three positions.
So, it is very necessary to carry out research to explore the impact of this position on the sharpness of social values given by society to Kiai.
Acknowledgment We are immensely thankful to all respondents who participated in this study.
Our gratitude also goes to all anonymous reviewers for their constructive feedback on the earlier versions of this paper.
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