MARRIAGE TO CHRISTIAN WOMAN

Q. A relative married a Christian girl who did not accept Islam. The marriage ended in divorce. They have one child. Half the time the child spends with his mother and half the time with his father. She does not mind that the father is bringing up the child as a Muslim. The father is fulfilling his maintenance responsibility as ordered by the court. When the child is by his mother, she struggles to maintain him due to lack of money. For the immediate needs of the child is it permissible for me to give part of my Zakaat to the mother to use for the child? Also, can I open a savings account and from my Zakaat save money for the future use of the child?
A. If the child’s father is a person who has the Zakaat Nisaab value which does not allow him to accept Zakaat, then Zakaat may not be given to his minor child. Maintaining the child is the responsibility of the father. However, if the father does not have the Nisaab value which is approximately R5,000, then Zakaat may be given to the child. In this case, the father has to take possession of the Zakaat on behalf of the child, then utilize it for the upkeep of the child. You may not give the Zakaat to the non-Muslim mother.
If the father does not have the Zakaat Nisaab as mentioned above, then you may give Zakaat for the child for future use. However, in this case, you have to give the Zakaat to the father who has the right to keep the money for the child. If you do not give the Zakaat to the father for safe-keeping, but deposit it directly into an savings account, then neither will your Zakaat be discharged nor will the money belong to the child. It will remain your property until you give it into the possession of the father to keep for the child or until the child reaches puberty then you hand it over to him/her. The father, after taking possession, may deposit the money in the savings account.

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