Q: There is an increase in the number of accidents that take place daily and monthly, causing death, serious wounds to the head, or other bodily harm. Because of this and due to the fact that Shari`ah (Islamic law) obliges the family of the person responsible for the accident to pay (Part No. 9; Page No. 458) the Diyah (blood money) for wrongful death, quasi-deliberate homicide, and head wounds, members of the clan of Al-Mutayahah, which belongs to the tribes of Al-`Adyan and `Utaybah, have agreed to establish a charitable fund. Each member of the clan is to pay a specified sum of money every year to be used to pay Diyah on behalf of any of the members of the family, in order to achieve family integration and mutual support. This fund has been established to help any family members who are required to pay Diyah so that they will not have to travel far distances to collect money from other members of the family; something which may also take several months. My questions are:1.Is the fund established by our family a lawful and charitable society?2.Must we pay Zakah on the money we collect when a full lunar year passes?3.Can those who are obliged to pay Zakah pay it to this society?4.What should be done if any of the members of the family refuse to participate in the fund or to pay the money that is due to this fund? It should be mentioned that the first condition of the establishment of the fund is that if any member of the family refuses to join it, the family will not support him in case he faces a problem. This situation occurred and one of the members of the family had to pay Diyah and he asked the family to help him, but the family refused as he had not paid his dues to the society. (Part No. 9; Page No. 459) Since this man went against the family agreement, should the other members support him, given that he refused to join the society even though he had been informed of its conditions?Can this man ask for help from another family to pay the Diyah due on him? This man's family is rich and they have not dismissed him, rather it is he who refused to join them as he did not want to pay the money due to the society. Please answer my questions regarding this matter.

A: Firstly, the family members' agreement to establish this fund is a charitable act that enhances the support between family members. Secondly, if a full lunar year passes while the money that has been collected for this purpose is still in the possession of the society, no Zakah is due as the money will not be returned to its owners, in case the society fails for example; rather this money will be spent for this particular purpose or in other charitable fields. Thirdly, it is not permissible for people to pay their Zakah to this society, but they should pay it to those categories of people mentioned in the following Ayah (Qur'anic verse): As-Sadaqât (here it means Zakât) are only for the Fuqarâ’ (poor), and the Masâkin (needy) Fourthly, if anyone who abstains from joining this society asks it to pay the Diyah (Part No. 9; Page No. 460) for wrongful murder on his behalf, this should be decided by the court.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.