Law Enforcement Principle in Islamic Ruling on Zakat Distribution to Transexuals, Prostitutes and Gigolos

Surah al-Taubah Verse 60 mention that there are eight eligible persons to receive Zakat. They are the poor and the needy, amil (those employed to collect zakah), muallaf (those bringing hearts together for Islam), al-riqab (those in captives or slaves), al-gharimin (those in debt), fi sabilillah (those in the cause [way] of Allah) and ibn sabil (the [stranded] traveller). Al-riqab is the fifth from eight eligible persons to receive Zakat. Currently, the provision of zakat to the al-riqab (slave) is allocated into other asnaf as the slave is not existed in Malaysia. However, there are several states such as Selangor, Negeri Sembilan, Terengganu and Melaka have broadened the definition of al-riqab to individuals who wish to come out of the shackles of ignorance and social problems. The individuals are transsexuals, prostitutes and gigolos. However, some of other states rejected the fatwa of these states. This article is aimed to identifying the nature of the transsexuals, prostitutes and gigolos who are included in the al-riqab group. It is also intended to analyze the principles in law enforcement of this group (transsexuals, prostitutes and gigolos) which is categorized as al-riqab. This research uses the document analysis method such as Tafsir books, fiqh of four Sects and journals. Data is analyzed through thematic content analysis. The result shows the transsexuals, prostitutes and gigolos qualified to be considered to receive zakat aid under al-riqab. However, it must be based on the criteria and conditions stipulated by the country. The fatwa is designed to ensure that they are able to get out of the crisis and continue to live in a better life. In addition, it is also intended to ensure the asnaf of zakat in the al-Quran testimonial remains relevant at all times. Therefore, the zakat management in Malaysia should undertake the provision of al-riqab systematically and well organized to avoid any conflicts with Islamic principles. This will be uphold the dignity of the zakat institutions and Islam as a religion of Rahmatan lil Alamin.