زكاة المال عن الصغير والمجنون - دراسة مقارنة ما بين الفقه الإسلامي والقانون الليبي

Charity (zakat) has a great place in Islam. As it is obligatory, it is also a financial worship. It is considered as a purity, growth, increase, righteousness, blessing, and a resource for a country. It spreads a spirit of solidarity among society members. In Libyan setting, the legislator regulates its terms, conditions, and expenses. However, the practical reality revealed that there is shortage and inadequacy in its regulations and laws especially in dealing with some issues such as ruling of charity (zakat) regarding to (al-Saghir) (Ghair Mukalif) the under-puberty people’s money or the insane people’s money. Thus, the significance of the research resides in its dealing with such a wide range of people, and its reflection on one of the most important financial resources of the country. The researcher has adopted the descriptive analytical approach, compared to Islamic jurisprudence, by extrapolating the legal and jurisprudential texts, and its detailed evidence, and explaining their legitimate reasons, in order to achieve the research goal by clarifying the legal and legitimizing rulings for charity of such kind of peoples. The researcher come up with a conclusion confirms that the Libyan law is devoid of an explicit text governing the charity (zakat) of (al-Saghir) (Ghair Mukalif) the under-puberty people’s money or the insane people’s money, and the difference in Islamic jurisprudence regarding their ruling. The study recommends the necessity of legislative intervention by explicitly stipulating its ruling