APPLICATION OF AL-DARURAH TUQADDAR BIQADARIHA FROM ISLAMIC LEGAL MAXIMS IN ZAKAT DISTRIBUTION FOR FLOOD VICTIMS

Flood that occurred in December 2014 has been categorized as the worst in Malaysia. The disaster has involved more than 100,000 people who experienced with the destruction of property and livelihoods. The victims need immediate help to restore their life back to normal. The situation was categorized as an urgency that requires the use of Islamic Legal Maxims in emergency situations. However, it is restricted by the method of “al-darurah tuqaddar biqadariha”. Thus, the study will examine the use of Islamic Legal Maxims in fiqh of zakat scheme for flood victims. The study will also suggest improvements in the coordination of assistance provided. The study found that the eligibility of a flood victim in an emergency situation is seen under the legal maxim of “al-Darurat Tubihul Mahzurat” (necessity makes illegal things legal) but should be restricted by the other legal maxim which is “al-darurah tuqaddar biqadariha” (necessities are estimated according to their quantity). Implications of the study will provide guidelines to the zakat institutions in providing proper assistance schemes to them. Further studies can be conducted to identify the effectiveness of the assistance provided to the victims.