ZAKAH.

1)           Zakah : is it mandatory, if not paid then

2)           Zakah: Payment in advance and to brothers

3)           ZAKAAH MONEY: IS IT ESSENTIAL TO TELL THE PERSON ?

4)           Zakah: Investment of zakah money

5)           Zakah: Payment to hospitals

6)           Zakah: Women's jewellery- limit

7)           Zakah: Deduction by the state on savings accounts

8)           Zakah: ON SHARES

9)           Zakah : ON MONEY LENDED

10)       Zakah ON STOCKS

11)       Zakah ON DISPUTED PROPERTY

12)       Zakah PAYING IN ANOTHER COUNTRY

13)       GIVING ZAKAH TO CHARITABLE ORGANIZATION?

14)        GIVING ZAKAAH TO STUDENTS

15)        ZAKATHUL FITR

16)        HUSBAND PAYING ZAKAT ON BEHALF OF WIFE

17)        GIVING ZAKAH TO POOR MARRIED DAUGHTER

18)        ZAKAH: IS HELP TO RELATIVE CAN BE FROM ZAKAH

19)        WHO ARE ELIGIBLE FOR ZAKAT

20)        FOR ZAKAT CALCULATIONS

21)        DIFFERENCE BETWEEN SAKAKA AND ZAKAAH?

22)        WHAT IS ZAKAT & NISAB?

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1. Zakah : is it mandatory, if not paid then

Question :

Is the Zakah is mandatory to be paid, if not paid then?

Answer :

Zakah paying is the one of the pillars of Islam. Allah says, "And perform As-Salat (Iqamat-asSalat), and give Zakat, and whatever of good (deeds that Allah loves) you send forth for yourselves before you, you shall find it with Allah. Certainly, Allah is All-Seer of what you do" (Al-Baqrah 2:110) If somebody negates it as part of Islam, then he is treated as not accepting Islam fully, and according to some scholars make him out of Islam. However if somebody does not pay it intentionally, then it is a great sin and you can see what prophet and Allah says about this.

Narrated Abu Hurraira (RTU): Allah messenger (PBUH) said,’whoever is made wealthy by Allah and does not pay the Zakat of his wealth,then on the day of resurrection his wealth will be made like a bald headed poisonous male snake witk two black spots over the eyes. The snake will encircle his nck and bite his cheek and say,”I am your wealth, I am your treasure” Then the prophet rcited the holy verse,” And let not those who covetously withhold of the gifts which Allah Hath given them of His Grace, think that it is good for them: Nay, it will be the worse for them: soon shall the things which they covetously withheld be tied to their necks Like a twisted collar, on the Day of Judgment. To Allah belongs the heritage of the heavens and the earth; and Allah is well-acquainted with all that ye do” (Aale-Imran 3:180) Related by Bukhari 2:485

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2. Zakah: Payment in advance and to brothers

Question :

My three brothers are unemployed. Two of them are married and their wives have received some gold from their parents at the time of their marriages. Since my brothers are poor, is it permissible for me to pay my zakah to them? Moreover, is it open to me to pay them my zakah for several years in advance to help them establish a business of their own, through which they may have an income to look after their families?

Answer :

The general rule is that zakah may be paid to close relatives who are not entitled to be supported by the zakah payer. For example, zakah may not be paid to poor father, because it is obligatory to support the father if he does not have the means to look after himself financially. The reason for non-payment of zakah to such a poor father is that the payer would be actually paying his zakah to himself. It would simply reduce his duty to support his father. This is not permissible. You are not required by right to support your poor brothers, although you will be greatly rewarded if you do so. Therefore, you may help them with your zakah and you will be rewarded for that, Allah willing.

The Prophet was asked whether sadaqah, or charity, can be given to relatives. He answered: "If it is paid to a poor person, it is sadaqah, but if it is paid to a relative, it is both sadaqah and kindness."

This means that there is more reward to be gained by paying one's zakah and sadaqah to poor relatives. Many leading scholars agree that zakah may be paid in advance. Therefore, you may go ahead and pay your brothers your zakah for the next few years in order to help them establish their business. By doing so, you may achieve the very important objective of making your brothers self-sufficient. This is indeed the purpose of zakah. What you should do is to calculate approximately how much zakah you will be paying each year. If you know that you will average a saving of say one hundred thousand a year, your zakah liability will be 2500. You may pay your brothers ten thousand now, making your intention clear in your mind that you are paying 2500 of zakah for each of the following four years.

At the end of each zakah year, which is the date when you first owned an amount of money equivalent to the threshold of zakah, you have to calculate your zakah liability. If it is more than 2500, you have to make up the difference. If it is less than that, you cannot go to your brothers and claim the difference from them or consider it as a loan on account of your zakah for future years. The extra amount will be credited to you by Allah as charitable donation or sadaqah. You will be rewarded for that undoubtedly.

Our Dialogue ( Source : Arab News - Jeddah )

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3. ZAKAAH MONEY: IS IT ESSENTIAL TO TELL THE PERSON ?

Question:

I sent a sum of money to my maternal uncle, and I did not tell him that it is zakaah, because if he knew that it was zakaah he would not take it. So I left this matter between me and Allah. Is my zakaah valid?.

Answer :  Praise be to Allah.  

If you gave your zakaah to someone whom you know is entitled to it, with the intention of giving zakaah, then your zakaah is valid and we hope that Allah will accept it from you. You do not have to tell the recipient that it is zakaah. 

And Allah knows the best. 

Excerpted, with some modifications, from:http://islamqa.com/

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4. Zakah: Investment of zakah money

Question :

I plan to establish a trust out of zakah and charity (i.e. sadaqah) money and invest such funds in some profitable business. My plan is to distribute the annual earnings of the business to deserving students on merit. How far is this acceptable, taking in view that this will serve the community for a longer period?

Answer :

The idea of setting up a trust fund and investing the proceeds to ensure annual returns which can be given to the poor is a very sound one. However, zakah money cannot be used for such a purpose. The reason is that zakah money must be paid to its beneficiaries when it is due. Once you set aside your zakah liability, it no longer belongs to you. How, then, do you allow yourself to dispense with it in a way which you determine? This money belongs to Allah and He has given you instructions on how to distribute it. It must be distributed straight away.

Moreover, its beneficiaries must be put in possession of it. When you put it in a trust fund, you are taking it away from its beneficiaries without their consent. May be they need it for a more immediate use. How can you, or indeed anyone for that matter, deny them that privilege. Moreover, when you invest zakah money, you are actually putting it at risk of loss. This is not acceptable from the Islamic point of view. It may be true that the likelihood of loss is very slim indeed. But as long as there is a risk, then no human being can claim the authority to expose zakah money to such a risk.

You may, however, put the voluntary donations for charitable purposes into such fund and invest that money, provided that the investment is a very low risk one. You may consider in this respect buying some property and letting it out. This is indeed a very low-risk investment. Moreover, the returns are sure. If you opt for such an action, the charitable donation you make will earn you more reward as long as it is in operation.

Our Dialogue ( Source : Arab News - Jeddah )

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5. Zakah: Payment to hospitals

Question :

Is it appropriate to pay zakah money to hospitals? Some people claim that this is not acceptable even if the money is utilized for the treatment of destitute patients. Please comment.

Answer :

If we are certain that the zakah we pay to a hospital will definitely be used for the treatment of poor and needy people, who themselves qualify as beneficiaries of zakah, then that is a legitimate use of zakah money. But if the hospital will mix zakah money with its overall revenue and use it toward the payment of salaries and administrative costs, then zakah cannot be used for that purpose. If people in a poor locality want their local clinic or hospital to benefit by the zakah of rich people who may be approached for help, they have to persuade the hospital to have a separate account which it uses for the treatment and food of very poor patients. When this is done, it will be perfectly appropriate to pay their zakah into that account of the hospital, [and be] assured that its use is legitimate.

Our Dialogue ( Source : Arab News - Jeddah )

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6. Zakah: Women's jewellery- limit

Question :

I understand that each family is allowed 85 grams of gold. However, a middle class Muslim family possesses about 200 grams of gold in jewelry, which is used by the mother and her daughter. They need more for their own use, i.e. for the marriage of the daughter and her brother. What is the practical solution to this problem?

Answer :

You confuse two separate issues. It is not true that a family is allowed 85 grams of gold. Indeed, any family or woman may have as much gold as she wants. There is no upper ceiling on how much of jewelry a woman may have. The figure of "85 grams of gold" has nothing to do with a woman's jewelry. It is the threshold of zakah, which means that if a person, a man or a woman, owns more than the equivalent of 85 grams of gold, or 634 grams of silver, and after the passage of one year, he still owns more than this basic amount, he is liable to pay zakah on what he has, at the rate of 2.5 percent. Indeed, he need not have any amount of gold whatsoever to become liable to zakah, if he owns more than the equivalent of that amount. All his possessions may be in ordinary currency. As far as the jewelry used by a woman is concerned, it is exempt from zakah, as long as its amount is considered to be reasonable for women in her social status. A woman who is very rich may have jewelry amounting to much more than the 200 grams owned by this middle class family, and she need not pay a penny in zakah for that jewelry.

Another woman may have half as much in jewelry, but that would be much more than reasonable for women in her social status. Therefore, she pays zakah on what is considered to be excessive. This is a totally different matter. I should explain that in determining if zakah is payable for gold or jewelry, or indeed anything else, we do not take the family as a whole. Every individual has to look after his or her own zakah. For the purposes of zakah, there is no such thing as joint ownership. If something is owned jointly, each partner has to calculate his or her share of that particular item and add it to his or her belongings in order to determine how much zakah he or she should pay out. What we pay in zakah is obviously determined by the relevant rules of zakah.

[Added: A woman is not required to pay any zakah for her jewelry provided that two conditions are met:

1.  The amount of jewelry she has should be considered reasonable for a woman in her social status; and

2.  It is bought for her personal use, not as a means of investment. While some women are very fond of jewelry, the amount they have must not be excessive in order that it be exempt from zakah. As you realize, no exact figure can be given here. What is excessive in one case, may be reasonable, or low in the case of another. It all dependent upon the financial means. On the other hand, if the woman buys jewelry because she hopes to be able to sell it later at a profit, then it is no longer personal ornament.

Our Dialogue ( Source : Arab News - Jeddah ) 

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7. Zakah: Deduction by the state on savings accounts

Question :

In Pakistan, government deducts zakah directly from bank deposits of Sunni Muslims. Those who are Shi'a or Ismailis, are exempt from this provided they submit a statement signed under oath and witnessed by two persons of their religious affiliations. Is our government allowed by Islamic law to make this deduction? Is it permissible for any Sunni Muslim to submit the required declaration that he belongs to another group because he has relatives who qualify as beneficiaries of zakah and he wants to make sure that this zakah is properly spent.

Answer :

Under the Islamic system, it is the government which is required to administer the collection and distribution of zakah. A zakah department should be established in the government of any Muslim country for collecting zakah and distributing it to its beneficiaries. This department is self-financing, because salaries of its employees can be paid directly from zakah funds. Had such a department been operating in Muslim countries for the past 30 or 50 years, we should not have suffered the sort of poverty which many Muslims areas suffer today. The answer to your first question is, therefore, that the government is not merely allowed but required to take zakah from people and spend it as Allah has specified its methods of spending. I should point out that this option should not be limited to bank savings. It should be expanded to ensure that every Muslim in the country pays his or her zakah to the zakah department and also to make sure that those who qualify for zakah benefit actually get the payments to which they are entitled.

It is wrong to operate a zakah collection and distribution agency and limit its revenue to one or two sources of zakah. That will create a bad example of how zakah operates in practice. I realize that the task is enormous, but every Muslim government which wants to operate this system can spread its full implementation over a period of time and it will soon realize the benefits of establishing this system in the actual betterment of the fortunes of the lowest earning section of its population. I appreciate the motives of any person who has poor relatives and who wants to pay zakah to them. This is a noble motive which should be encouraged. However, I cannot accept the method suggested to achieve this. If anyone makes a false statement, whether under oath or not, he lies. This is forbidden in Islam. We cannot tell lies except in specific, well known situations. This is not one of them. What should be done, instead, is for depositors of such savings to bring pressure to bear on the government to allow them to make a similar statement to the effect that they pay their zakah to those relatives. How this should be formulated is a matter which the government can decide.

Our Dialogue ( Source : Arab News - Jeddah )

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8. ZAKAAH ON SHARES

SHARES PROFIT

Question:

I work in the field of buying and selling Saudi shares, and the way I work is that I sell the share as soon as the price rises and I am able to make a profit, and I do not wait for reports about the companies’ profits. My question is:

I bought some shares in the electrical company five months ago for 172 riyals per share. After I bought them, they went down to 147 riyals and have not yet gone back up to the purchase price. Is there any zakaah due on these shares? How should the zakaah be paid? Is it based on the purchase price or the current price which is 147?

Answer: Praise be to Allah.

These shares are now regarded as trade goods, because trade goods are anything that is prepared for sale. So zakaah is due on them. 

The zakaah on trade goods is worked out on the basis of their value at the end of the year, whether it is more than the purchase price or less. 

Based on this, if these shares reach the nisaab, or they reach the nisaab when added to the cash money that you have, then you should pay zakaah on them according to their value on the day when the year ends. 

Shaykh Ibn ‘Uthaymeen said: 

The way in which zakaah is paid on shares in companies is as follows: if the state undertakes the mission of calculating and collecting the zakaah, then you have discharged your responsibility, otherwise zakaah must be paid in the following manner: they should be evaluated every year and one-quarter of one-tenth should be paid, if the purpose of them is to trade. But if the purpose is investment, then no zakaah is due on them, but zakaah is due on any profits they produce if it is in the form of money and one year has passed. End quote. 

Majmoo’ Fataawa Ibn ‘Uthaymeen, 18/196 

The Standing Committee was asked: Is there any zakaah on shares and certificates? How should it be paid? 

They replied: 

Zakaah is due on shares and promissory notes if they represent money or trade goods, so long as the one who is keeping the money is not going through hardship or delay payment unduly. End quote. 

Fataawa al-Lajnah al-Daa’imah, 9/354

 The Standing Committee was also asked about shares through which one buys land and real estate. 

They replied: 

The shares mentioned in the question are a kind of trade goods, so zakaah must be paid on them, to be evaluated every year according to their current value, not the purchase price. If the owner has money he may pay from that, otherwise he should pay the zakaah for past years from their value after selling them and taking the money. End quote. 

Fataawa al-Lajnah al-Daa’imah, 9/353 

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked: Should zakaah on shares be based on the official value of the share or on the market value, or what? 

He replied: 

Zakaah on shares and other trade goods should be based on the market value. If it was worth one thousand at the time of purchase, then the value rises to two thousand at the time when zakaah becomes due, then zakaah should be based on the value of two thousand, because what matters is the value of a thing when zakaah becomes due, not when it is bought. End quote. 

Majmoo’ Fataawa Ibn ‘Uthaymeen, 18/197 

It should be noted that if trade goods are bought with gold or silver or cash (riyals, dollars or other currencies), or with other goods, then the year for those goods starts from the time when one acquired the wealth with which one bought them. Based on this, the new year does not start from the time when one takes possession of the new goods, rather it starts from the time when one acquired the wealth with which one bought them. 

And Allah knows best.

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9. ZAKAH : ON MONEY LENDED

Question :          

What is ruling of paying Zakah, if someone lended money to somebody and he is excusing for repayment.

Answer:  Praise be to Allah.

When a Muslim is owed a debt by someone else, one of two scenarios must apply: 

1)  That it is owed by someone who admits it and knows the amount and is willing to pay it. 

2)   It is owed by someone who admits it, but he is in difficulty or is delaying payment, or it is with someone who denies it. 

In the first case, he should pay zakaah on the debt in addition to the wealth he has with him, so he should pay zakaah on all his wealth, and do that every year, even if he has not received it from the debtor, because it is like trust. And it is permissible for him to delay paying zakaah on the debt until the time he receives it, and then pay zakaah for all the past years. 

In the second case, he does not have to pay zakaah, but when he does receive it, in order to be on the safe side he should pay zakaah on it for one year, even if it was kept with one who was hard up or delayed payment, or denied it, for several years. 

This is a summary of the correct scholarly view concerning this issue. There are differences among them concerning the issues that we have mentioned. This is a brief look at their opinions concerning that: 

It says in al-Mawsoo’ah al-Fiqhiyyah (23/238, 239): 

The debt is the property of the lender, but because it is not in its owner’s possession, the fuqaha’ differed concerning it. Ibn ‘Umar, ‘Aa’ishah and ‘Ikrimah the freed slave of Ibn ‘Abbaas (may Allah be pleased with them) were of the view that there is no zakaah on a debt, and the reason for that is that it cannot grow (through investment), so its zakaah is not due on it, like items that are kept for personal use. 

The majority of scholars are of the view that debt which is due is of two types:

·        That which it is hoped will be paid off, and

·        That concerning which there is no hope that it will be paid off. 

That which it is hoped will be paid off

A debt which it is hoped will be paid off is that which is owed by one who admits it and is willing to repay it, and there are several views concerning this. The view of the Hanafis and Hanbalis, which is also the view of al-Thawri, is that zakaah must be paid on it by its owner every year, because it is wealth that belongs to him; he does not have to pay zakaah on it whilst it is not in his possession, but when he does take possession of it, he must pay zakaah on it for all years past. 

The basis for this opinion is that it is a debt that is confirmed to be owed, so he does not have to pay zakaah on it before he takes possession of it, and because he is not making use of it at present, so he does not have to pay zakaah on wealth that he is not making use of. But the entrusted item whose owner can take it at any time does not come under this category, rather he must pay zakaah on it when one year has passed.  

The more correct view of al-Shaafa’i, and of Hammaad ibn Abi Sulaymaan, Ishaaq and Abu ‘Ubayd is that he must pay zakaah at the end of every year on the debt that he hopes will be repaid, as in the case of wealth that is in his possession, because he is able to take it and dispose of it. 

The Malikis regarded debts as being of different types: the zakaah of some debts is to be paid every year, namely the debt of the merchant who buys and sells for trade; zakaah is to be paid on the price that he is owed for the trade goods. 

In other cases, zakaah is to be paid when one year has passed since [the lender] first acquired it, and it is to be paid for only one year, even if it stays with the borrower for many years. 

There is no zakaah on some kinds of debt, which is that which he did not take possession of, such as a gift, mahr, or compensation for an injury and the like.

That concerning which there is no hope that it will be paid off. 

In the case of a debt for which there is no hope of repayment, which is what is owed by one who is hard up, or who denies it, or is delaying repayment, there are several opinions. The opinion of the Hanafis in this case, which is the view of Qataadah, Ishaaq and Abu Thawr, and is mentioned in one report from Ahmad, and is the view of al-Shaafa’i, is that there is no zakaah on it, because it is not fully in his possession, because he is not able to make use of it. 

The second view, which is the view of al-Thawri and Abu ‘Ubayd, and is narrated in another report from Ahmad, and is the more correct view of al-Shaafa’i, is that he should pay zakaah on it when he takes possession of it, for all years past, because of the report narrated from ‘Ali (may Allah be pleased with him) concerning the uncertain debt: “If he is sincere then let him pay zakaah when he takes possession of it for what is past.” 

Maalik was of the view that he should pay zakaah when he takes possession of it for one year, even if it stayed with the debtor for several years. This is the view of ‘Umar ibn ‘Abd al-‘Azeez, al-Hasan, al-Layth and al-Awzaa’i. End quote. 

What we think is most correct in this case is that which was mentioned in a fatwa issued by the scholars of the Standing Committee for Issuing Fatwas and by Shaykh Muhammad ibn Saalih al-‘Uthaymeen.

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allah have mercy on him) said, after discussing the scholarly views on this matter: 

The correct view is that zakaah must be paid on it each year, if it is owed by one who is rich and willing to pay, because it comes under the same ruling as wealth that you have with you; but he should pay it when he takes possession of the debt, and if he wishes he may pay zakaah on it with the zakaah of the rest of his wealth. The former is a concession (rukhsah) and the latter is a virtue, and is more expedient in discharging one’s duty. 

But if it is owed by one who is delaying payment or one who is hard up, then no zakaah is due on it, even if it remains for ten years, because he is unable to dispose of it, but if he takes possession of it, he should pay zakaah once, for the year in which he took possession of it, and he does not have to pay zakaah for the time that has passed.

This opinion was mentioned by Shaykh al-‘Anqari in his commentary on Shaykh al-Islam Muhammad ibn ‘Abd al-Wahhaab, and his grandsons (may Allah have mercy on them). It is also the view of Imam Maalik (may Allah have mercy on him) and this is the correct view, for the following reasons: 

1.  It is akin to crops on which zakaah must be paid when they are acquired, and rent, concerning which Shaykh al-Islam favoured the view that zakaah must be paid on them when taking possession of them, even if a full year has not yet passed.

2.  One of the conditions of zakaah being obligatory is that one must be able to pay it; when one is able to pay it, then zakaah must be paid.

3.  A few months of the year may have passed before he gave it as a loan.

4.  Waiving zakaah for what has passed and making it obligatory to pay zakaah for the year in which one takes possession of it only makes things easier for the owner, because how can we oblige him to pay zakaah when he is obliged to give the one who is hard up more time? It is also making things easier for the one who is hard up, by giving him more time. 

An example of that is wealth that is buried and forgotten. If a person buried his wealth for fear that it might be stolen, then he forgets its whereabouts, he should pay zakaah only for the year in which he found it.  

Another example is stolen wealth, if it remains with the thief for several years, then its owner manages to find it; he should pay zakaah for one year only, like the debt that is owed by one who is hard up. End quote. 

Al-Sharh al-Mumti’ ‘ala Zaad al-Mustaqni’ (6/27, 28). 

And Allah knows best.

Excerpted, with some modifications, from: http://islamqa.com/en/

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10. Zakah ON STOCKS

Question :

We know that zakaah must be paid on shares. Are stocks also subject to zakaah? How should zakaah be worked out for them?

Answer : Praise be to Allah.

Firstly:

With regard to zakaah on shares, we have discussed the zakaah on them in detail in question no. [69912]. We stated there that there are some kinds of shares on which zakaah is due, and others on which no zakaah is due.

With regard to stocks, they are something different than shares.

A stock is a written document stating the amount of a loan given by the bearer on a specified date in return for specified interest.

A share is a partner’s portion of the capital of a corporation.

From these definitions we can see the difference between shares and stocks.

The difference between shares and stocks:

A share represents a stake in a company, meaning that the shareholder is a partner, whereas a stock represents a debt owed by the company, meaning that the stockholder is a lender.

Based on this, the shareholder only earns profits when the company makes a profit, whereas the stockholder earns guaranteed annual interest whether the company makes a profit or not.

Also based on this, if the company makes a loss, the shareholder has to bear some part of the loss, depending on the amount of shares he has, because he is a partner and owner of part of the company, so he must bear some part of the loss.

The stockholder, on the other hand, does not bear any of the company’s losses because he is not a partner in the company, rather he is simply a lender, who lends money in return for benefits agreed upon whether the company makes a profit or makes losses.

Ruling on dealing in stocks:

Dealing in stocks is haraam according to sharee’ah, because it is a loan in return for agreed-upon interest, and this is riba (usury) which Allah has forbidden and warned against, as He says (interpretation of the meaning):

“O you who believe! Fear Allah  and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers. (278) And if you do not do it, then take a notice of war from Allah  and His Messenger but if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums)” (Al-Baqarah 2:278-279)

The Messenger (PBUH) cursed the one who consumes riba, the one who pays it, the one who writes it down and the two who witness it, and he said: they are all the same. Narrated by Muslim, 2995.

In the second conference of the Islamic Bank in Kuwait 1403 AH/1982 CE it was stated: That which is called interest in the terminology of western economists and those who follow them is the essence of riba that is forbidden according to sharee’ah. End quote.

Majallat al-Majma’ al-Fiqhi, 4/1/732

See also the answer to question no. 2143.

Zakaah on stocks

Although it is haraam to deal in stocks, zakaah is due on them because they represent a debt owed to their owner, and debts that one hopes will be repaid are subject to zakaah according to the majority of scholars. So its zakaah must be worked out every year, but it need not be paid until one takes possession of the value of the stock. As for the interest that is taken in return for the stock, this is unclean and haraam wealth that must be disposed of by donating it to charitable causes.

The rate of zakaah which must be paid is 2.5 per cent.

Excerpted, with some modifications, from: http://islamqa.com/en/

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11. ZAKAH ON DISPUTED PROPERTY

Question :

I have a number of pieces of land outside the city, with no lawful documents. All I have is just few papers of purchase I bought several years ago. Do I have to pay zakat on them? What shall I do now if I have to pay zakat? Bear in mind that these pieces of land were an issue of problems with the local municipality and we cannot valuate them now.

Answer :   Praise be to Allah.

If you bought this land with the intention of selling it, then you must pay the zakaah on trade goods, so you must work out its value every year and pay one quarter of one tenth (2.5%) of this value. 

This is the basic principle concerning zakaah on trade goods. But if you cannot sell it and dispose of it because of the dispute with the municipality, then no zakaah is due on it for the period during which you are unable to dispose of it, because you are not in full possession of it. This is akin to a debt that is owed by a person who is delaying repayment or by one who is in difficulty. 

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked about zakaah on land, i.e., a man bought a piece of land but did not pay zakaah on it for three or four years. After the purchase he submitted an application to the municipality to divide it into a number of lots. This process took three or four years and until now it is not complete. Is zakaah due on it for the previous period, or should zakaah be paid just once at the time of purchase? 

Shaykh: Did he buy it to trade in it? 

Questioner: He bought it to trade in it, but he thought, based on the fatwa of a scholar, that no zakaah is due on land, then it took too long to complete the application, and he cannot sell it in lots until it is completed.  

Shaykh: And he cannot sell as one piece either?

Questioner: He cannot sell it as one piece, but the partners bought the land to divide it into a number of lots. 

Shaykh: Meaning that it is no longer in his possession? 

Questioner: No, it is still in his possession. 

Shaykh: Are they partners?  

Questioner: Partners means that they recorded the name of one person, one of the partners. 

Shaykh: Firstly, may Allaah bless you, if he asked someone about whether there is no zakaah on it, and that person is reliable in his knowledge and religious commitment, then he does not have to pay zakaah, because Allaah says (interpretation of the meaning): “…So ask of those who know the Scripture, if you know not” (An-Nahl 16:43).

But if he believed that zakaah is obligatory then he must pay zakaah, except for the years when he was unable to dispose of it, as there is no zakaah for those years, because this is like a debt owed by one who is in difficulty. But the correct view as far as I know is that trade goods are subject to zakaah.

End quote from Liqa’ al-Baab al-Maftooh (11/148).

And Allah knows best.

Excerpted, with some modifications, from: http://islamqa.com/en/

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12. ZAKAT PAYING IN ANOTHER COUNTRY

Question:                                                                                                  

Is it possible to give out zakah to poor people in another country than the one I live in? There are some international aid organizations that collect zakah and distribute it to poor Muslims around the world. Is it possible to give my zakah to these organizations? I have heard some say zakah is only to be given to poor people in the country of residence.

I also read that close relatives (parents, children) cannot receive zakah. Could you please elaborate on which relatives could receive my zakah?

Answer:                                                                                                     

1)  Yes, it is allowed to give out zakah to the poor outside the country you live if there is a situation that deserves greater help from people, such as the case of occupation, post-war period, taking care of orphans and widows, helping people in times of calamities.

2)  You cannot give zakah to parents, wife, and children, but you can give to other relatives such as your sister, brother, uncle, etc. if they are deserving of it. The reason is that you are Islamically responsible to sustain the parents, wife and children.

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13. GIVING ZAKAH TO CHARITABLE ORGANIZATIONS?

Question :

I live in UK. Is it permissible to give Zakah to charitable organizations?

Answer :

First of all, we would like to stress the fact that Zakah has its rightful beneficiaries who are its legal recipients. Two people came to the Prophet (peace and blessings be upon him) and asked him to give them out of Zakah money. He answered: 'Allah has not entrusted the distribution of Zakah to a Prophet, given a message to convey; or to an angel who has a favored position with Allah. He himself has ruled on its distribution and divided it between eight groups of people. If you belong to any of these, I will give you Zakah money. If not, then you will have none of it.'

Of course, the Prophet (peace and blessings be upon him) was referring to Qur'anic verse 60 of surat 9 (At-Tawbah) which lists the beneficiaries of Zakah. Allah Almighty says: 'The alms are only for the poor and the needy, and those who collect them, and those whose hearts are to be reconciled, and to free the captives and the debtors, and for the cause of Allah, and (for) the wayfarers; a duty imposed by Allah. Allah is Knower, Wise.' (At-Tawbah 9:60)

The above quotation is excerpted with slight modifications from www.islamicity.com

Shedding more light on the issue, the late grand Imam of Al-Azhar, Sheikh Gadul-Haqq `Ali Gadul-Haqq, states:

“The beneficiaries of Zakah are clearly defined in the well known verse of surat At-Tawbah (i.e, verse 60). The seventh category of those beneficiaries includes giving out the Zakah money in the advancement in Allah’s Cause. Some of Muslim scholars have restricted this seventh category to supporting those who struggle in Allah’s Cause in the battlefield only. Other scholars such as Al-`Izz Ibn `Abdus-Salam stated that the matter goes far to encompass all means that are capable of enhancing Muslims’ strength and helping them attain victory over their enemies in all fields, irrespective of whether this support is being conducted at times of war or at times of peace.

Hence, there is nothing wrong in giving Zakah money to charitable organizations, especially when Muslims are a minority who live in a majority non-Muslim country.

Moreover, the above fatwa also gives permissibility to giving Zakah to charitable organizations that help establish and finance Mosques, hospitals as well other religious institutions. The same applies to paying the salaries of working staff in those charitable organizations. However, the poor and the needy should be given priority when it comes to the payment of the Zakah money because Allah Almighty has given them priority in the above Qur'anic verse.”

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14. GIVING ZAKAAH TO STUDENTS

Question :

What is the ruling on giving zakaah to students?

Answer :  Praise be to Allah.

With regard to the student who is devoting all his time to seeking shar’i knowledge, even if he is able to earn a living, it is permissible to give him zakaah, because seeking shar’i knowledge is a type of jihad for the sake of Allah, and Allah has made jihad for the sake of Allah one of the categories on which zakaah may be spent. Allah says (interpretation of the meaning):  

“As-Sadaqaat (here it means Zakaah) are only for the Fuqaraa’ (poor), and Al‑Masaakeen (the poor) and those employed to collect (the funds); and to attract the hearts of those who have been inclined (towards Islam); and to free the captives; and for those in debt; and for Allah’s Cause (i.e. for Mujahidoon — those fighting in a holy battle), and for the wayfarer (a traveller who is cut off from everything); a duty imposed by Allah. And Allah is All-Knower, All-Wise”  (At-Tawbah 9:60)

But if the student is devoting all his time to seeking worldly knowledge, then he should not be given zakaah. We say to him: now you are striving for worldly gain, and you could acquire worldly gains by working, so we should not give you zakaah. End quote. 

Shaykh Muhammad ibn ‘Uthaymeen (may Allah have mercy on him). 

Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen (18/409).

Excerpted, with some modifications, from: http://islamqa.com/en/

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15. ZAKATHUL FITR

Question :      

I want to know how much, when and how we should give the zakathul fitr. Can you also tell me who all should pay zakathul fitr?

Answer :         

Zakatul-Fitr is a special charity of the month of Ramadan that should be given during the blessed month before `Eid-ul-Fitr prayer.

Zakatul-Fitr is incumbent on every Muslim who possesses one Sa` (2.176 kilograms or 4.797 pounds) of dates or barley which is needed as a basic food for himself or his family for the duration of one day and night. Every Muslim must pay Zakatul-Fitr for himself, his wife, children, and servants, if he has any.

Ibn `Umar, may Allah be pleased with them both, said, "The Prophet, peace and blessings be upon him, enjoined the payment of one Sa` of dates or one Sa` of barley as Zakatul-Fitr on every Muslim, young and old, male and female, free and slave." (Reported by Al-Bukhari and Muslim.)

The amount of Zakatul-Fitr was fixed by the Prophet, peace and blessings be upon him. It is about 5 pounds of wheat, flour, barley, dates or raisins. However, nowadays the amount and value of Zakatul-Fitr varies from one year to the other due to the change in prices, values of things and surrounding circumstances. That is why we advise you to contact the nearby Islamic center or Muslim umbrella organization in your area of residence and to ask about the value of Zakatul-Fitr so as to be on the safe side.

Moreover, Zakatul-Fitr should be given to the poor and the needy. It can also be given to Islamic charitable organizations which collect this fund. However, such charitable organizations should distribute Zakatul-Fitr as soon as possible so that it reaches to the needy people on time before the `Eid.

Excerpted, with slight modifications, from: www.islamonline.net

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16. HUSBAND PAYING ZAKAT ON BEHALF OF WIFE

Question :

Is it allowed for my husband to pay the Zakat on my wealth on my behalf, given that he is the one who gave me the wealth? Is it allowable to give the Zakat to my nephew, whose wife passed away and he is a young man who is thinking about getting married?

Answer : Zakat is obligatory upon your wealth, if you have the nisab or more of gold, silver or other forms of zakatable wealth. If your husband, with your permission, pays it for you there is no harm. The same is true if your father, brother or others, with your permission, pay it on your behalf. It is allowed for you to pay the Zakat to your nephew to help him get married if he not able to support himself.

Shaikh ibn Baz

Excerpted, with slight modifications, from:

http://www.islamtomorrow.com/

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17. GIVING ZAKAAH TO POOR MARRIED DAUGHTER

Question :  

I have a daughter who is married and she has children, and her husband has been missing for a while. She has her own house. Can I give her my zakaah so that she can take care of the orphan children?

Answer:  Praise be to Allah.

If a woman is married, then her maintenance is obligatory on her husband. If he is poor or is absent and has not left her any money to cover her maintenance, and she is poor and has no money, it is permissible to her to be given zakaah. 

Ibn Qudaamah (may Allah have mercy on him) said in al-Mughni (2/279): If a poor woman has a husband who is well off and spends on her, it is not permissible to give zakaah to her, because she has sufficient income from what she receives of obligatory maintenance. But if he does not spend on her and it is not possible to make him do so, then it is permissible to give zakaah to her. This was stated by Imam Ahmad. End quote. 

But her mother or father are not allowed to give her zakaah, because he (the father) is obliged to spend on her in this case, except in two situations: 

1.   Giving her zakaah in order to pay off her debts which she borrowed for something other than maintenance.

2.   If the father is unable to spend on her, but he has wealth on which zakaah is due, in which case it is permissible for him to give her his zakaah. 

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked: is it permissible to give zakaah to a married daughter who is in need? 

He replied: in every case where a person meets the description of those who are entitled to zakaah, the basic principle is that it is permissible to give zakaah to him. Based on that, if a man is not able to spend on his daughter and her children, he may give zakaah to her. But it is better and more on the safe side to give it to her husband. End quote. 

He was also asked: is it permissible to give my zakaah to my married daughters, knowing that they are poor? 

He replied: the scholars stated that a man should not give zakaah to his offspring or to his father and grandfather or to his mother and grandmother, in other words not to his ascendants or descendants. This applies if it is given in order to meet their needs. But if they have debts and it is not given as maintenance, then it is permissible to give it to them, because he is not obliged to pay off their debts and hence giving his zakaah to them is not regarded as a way to save money. 

To sum up the answer: with regard to this man who has married daughters whose husbands are poor, if he does not have sufficient wealth to spend on them, then there is nothing wrong with giving his zakaah to them, but he may give the money to the husbands, because they are the ones who are responsible for maintenance. So there is nothing wrong with that whatever the case. End quote. 

Majmoo’ Fataawa Ibn ‘Uthaymeen (18/426) 

And Allah knows best.

Excerpted, with some modifications, from: http://islamqa.com/en/

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18. ZAKAH: IS HELP TO RELATIVE, CAN BE FROM ZAKAH

Question :  

I am helping my brothers and other relatives with more then that amount of money which I should give zakat every year and I am not asking them for money back. Some one told me if I am giving money to brothers and relatives for ever to help them in this case I don’t need to give zokat separately even my aim (niyat) was not for zokat at the time when I give them money. Please tell me in the light of islam thanks.

Answer:  Praise be to Allah.

Firstly:

If these brothers and relatives are entitled to zakaah because they are poor and do not have enough to live on, or because they are in debt and cannot afford to pay off their debts, it is permissible to give zakaah to them, unless spending on one of them is obligatory for you, because you do not have the right to give him zakaah so as to protect your wealth. 

Secondly:

In order for zakaah to be valid, it is essential to have the intention at the time of giving it. If you gave money to these people and you did not have the intention of giving zakaah, then it is not valid to count it as zakaah later on. 

Zakaah must be paid when one full year has passed, and it is not permissible to delay it in order to pay it in stages or instalments, but he may pay zakaah in advance, one or two years ahead of time, in which case it may then be given in stages or instalments. 

How it is paid in advance is if the year for his zakaah [which is the annual date stipulated for paying his zakaah] is on the first of Dhu’l-Hijjah, for example, and when he pays his zakaah on time, he also pays the zakaah for the coming year with it, then he will have paid zakaah in advance for a year.

If we assume that the zakaah for the coming year is 1000, then he may pay 1000 in its entirety in advance now, or he may pay it in instalments throughout the year or however he sees fit. Then when the year has passed, he will have paid his zakaah and will not have delayed any of it. But he should check his money when the actual year has passed. If what he owes of zakaah is more than what he actually paid, then he should pay what remains due from him. Ibn Qudaamah (may Allah have mercy on him) said: Ahmad said: it is not acceptable for him to give zakaah to his relatives every month, in other words he should not delay paying it so that he can give it to them in separate amounts, giving something every month. But if he gives it in advance, and gives it to them or to someone else in separate amounts or altogether, that is permissible because he has not delayed it from the time it was due. End quote from al-Mughni (2/290). 

The scholars of the Standing Committee were asked: is it permissible for me to pay the zakaah on my wealth in advance throughout the year, in the form of regular payments to poor families every month? 

They replied: there is nothing wrong with giving zakaah one year or two years in advance, if that will serve an interest, and giving it to the poor who are entitled to it on a monthly basis. End quote from Fataawa al-Lajnah al-Daa’imah (2/422). 

And Allah knows best.

Excerpted, with some modifications, from: http://islamqa.com/en/

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19) WHO ARE ELIGBLE FOR ZAKAT.

Question :

Who is the poor person who is entitled to zakaah in America? What is the minimum amount of money and/or property must a person possess in America to receive money from the Zakat as a poor person? Can new Muslims in American Prisons receive money from the Zakat?

Answer:  Praise be to Allah.

Firstly:

Those to whom zakaah may be given have been described by  in the verse in which He says (interpretation of the meaning):

“As-Sadaqaat (here it means Zakaah) are only for the Fuqaraa’ (poor), and Al‑Masaakeen (the poor) and those employed to collect (the funds); and to attract the hearts of those who have been inclined (towards Islam); and to free the captives; and for those in debt; and for ’s Cause (i.e. for Mujaahidoon — those fighting in a holy battle), and for the wayfarer (a traveller who is cut off from everything); a duty imposed by . And  is All-Knower, All-Wise”  (At-Tawbah 9:60)

The poor person is the one who has no income, or who has an income that is not sufficient.

This varies from one time and place and family to another, but there are some cases which all are agreed are entitled to zakaah, because their income is so low.

The fuqaha’ say: The poor person who is entitled to zakaah is the one who cannot find enough for himself and his family for one year.

If a person receives a monthly salary, then we should look at what his annual income is, and at what he needs for maintenance throughout the year. For example, if what he earns in one year is five thousand but he needs ten thousand to live on, then he is poor or needy because he only has half of what he needs. Similarly, if he needs six thousand and his income is only five thousand, then he is entitled to zakaah.

It may be that he has enough for him and his family, but he is in debt and cannot afford to pay it off. So he should be given enough to pay off his debt. Or he may have enough to eat, drink and pay for shelter, but he needs to get married and cannot afford to pay the dowry, so he may be given enough to get married with.

Secondly:

If there is a Muslim who is a new convert and or he is in prison, if he is poor or in debt, he may be given zakaah enough to suffice him and his family, and to pay off his debt. There is nothing wrong with giving him zakaah – even if he is independent of means – if that will attract his heart and strengthen his faith and make him steadfast in Islam, especially if he is prominent among his people and that will result in attracting the hearts of those who are with him.  has given a share of zakaah to those whose hearts are inclined towards Islam.

Thirdly:

There are two more categories of people who deserve Zakat money.

1) One whose worth gets utterly destroyed by a sudden and unexpected calamity to such an extent that he has nothing to eat.

2) One who has unjustifiably penalized or has been involved into signing a bond of guarantee or liability for someone else and now subjugated into making a payment for the same even though he does not have financial resources to pay for.

And Allah knows the best.

Excerpted, with slight modifications, from: www.islamq&a

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20. FOR ZAKAT CALCULATIONS

On different questions and calculating Zakat, follow following site.

http://www.hidaya.org/zakat-calculator

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21. difference between Sadaka and zakaah ?

Question:

What is the difference between Sadaka and zakaah ?

Answer:

Praise be to Allah.

Zakaah in Arabic means growth, blessing and purification.

Sadaqah comes from the word sidq (sincerity), i.e. it is a sign of sincerity of faith on the part of the person who gives it.

With regard to the shar’i definition:

Zakaah means worshipping Allah by giving that which He has enjoined of different kinds of zakaah to those who are entitled to them, according to the guidelines prescribed in sharee’ah.

Sadaqah means worshipping Allah by giving money without that being made obligatory in sharee’ah. The word sadaqah is sometimes used to refer to obligatory zakaah.

With regard to the difference between zakaah and sadaqah, it is as follows:

1 – Zakaah is enjoined in Islam on specific things, which are: gold, silver, crops, fruits, trade goods and an’aam livestock, i.e., camels, cattle and sheep.

With regard to sadaqah, it is not obligatory on any kind of wealth, rather it is what a person can give, without any specific limits or guidelines.

2 – Zakaah is subject to the conditions that one full Hijri have passed since acquiring the wealth, and that the wealth meet the minimum threshold (nisaab), and it is a specific portion of wealth.

Sadaqah is not subject to any conditions, and it may be given at any time, in any amount.

3 – Allah has enjoined that zakaah be given to certain types of people, and it is not permissible to give it to anyone else. They are the people mentioned in the verse (interpretation of the meaning):

“As-Sadaqaat (here it means Zakaah) are only for the Fuqaraa’ (poor), and Al‑Masaakeen (the poor) and those employed to collect (the funds); and to attract the hearts of those who have been inclined (towards Islam); and to free the captives; and for those in debt; and for Allaah’s Cause (i.e. for Mujaahidoon — those fighting in a holy battle), and for the wayfarer (a traveller who is cut off from everything); a duty imposed by Allaah. And Allah is All-Knower, All-Wise”

“Charities shall go to the poor, the needy, the workers who collect them, the new converts, to free the slaves, to those burdened by sudden expenses, in the cause of GOD, and to the traveling alien. Such is GOD's commandment. GOD is Omniscient, Most Wise” (At-Tawbah 9:60)

4 – Whoever dies and owes zakaah, his heirs must pay it from his wealth, and that takes precedence over the will (wasiyah) and inheritance.

As for sadaqah, there are no such obligations with regard to it.

5 – The one who withholds zakaah is to be punished.

With regard to sadaqah, the one who does not pay it will not be punished.

6 – According to the four schools of law, it is not permissible to give zakaah to one’s ascendants or descendants. Ascendants include one’s mother, father, grandfathers and grandmothers; descendants include one's children and their children.

Sadaqah may be given to one's ascendants and descendants.

7 – It is not permissible to give zakaah to one who is rich or who is strong and able to earn a living.

It was narrated that ‘Ubayd-Allah ibn ‘Adiyy said: Two men told me that they came to the Prophet (peace and blessings of Allah be upon him) during the Farewell Pilgrimage when he was distributing the zakaah and asked him for some of it. He looked them up and down, and saw that they were strong and able-bodied. He said, “If you wish, I will give you some, but those who are rich or strong and able to earn have no share of it.”

Sadaqah may be given to those who are rich and those who are strong and able to earn.

8 – In the case of zakaah, it is better for it to be taken from the rich of a land and given to their poor. Many scholars are of the view that it is not permissible to send it to another country unless that serves an interest.

But charity may be spent on those who are near and those who are far.

9 – It is not permissible to give zakaah to kuffaar and mushrikeen.

Sadaqah may be given to kuffaar and mushrikeen.

Allah says (interpretation of the meaning):

“And they give food, in spite of their love for it (or for the love of Him), to the Miskeen (the poor), the orphan, and the captive” (Al-Insaan 76:8)

Al-Qurtubi said: In dar al-Islam (the Muslim lands), a captive could only be a mushrik.

10 – It is not permissible for a Muslim to give zakaah to his wife. Ibn al-Mundhir narrated that there was scholarly consensus on this point.

But sadaqah may be given to one’s wife.

These are some of the differences between zakaah and sadaqah.

The word sadaqah may be applied to all kinds of good deeds. Al-Bukhaari (may Allah have mercy on him) said in his Saheeh “Every good deed is a charity.”

Ibn Battaal said: This hadeeth indicates that every good thing that a person does or says is recorded for him as an act of charity.

And Allah knows best.

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22) What is Zakat? & Nisab

Question :

What is Zakat, & Nisab and Hawl?

Answer:

Zakat:

The literal meaning of Zakat is “to purify, to grow, and to increase.”

It is an obligatory act of charity ordained by Allah, Subhanahu Wa Ta’ala (The Glorified and Exalted), to be performed by every Muslim who possesses a certain minimum amount of wealth/assets (called Nisab) for a complete Hijri lunar year cycle (called Hawl).

It is an act of worship (ibadah) and not a tax. Zakat is owed on specific assets only, identified by Islamic Law as assets having the potential for growth, called “Zakatable Assets.”

Zakat is the compulsory transfer of ownership of a portion of the wealth of the giver, calculated at the rate of 2.5%, to poor and deserving Muslims who qualify to receive Zakat according to Islamic Law. Zakat is calculated on the total market value of all Zakatable Assets after deducting all Zakatable Liabilities.

Nisab :

What is Nisab? The minimum amount of Zakatable Assets which makes one liable to pay Zakat is called Nisab. In other words, any person who possesses this minimum amount of assets, or Nisab, for one Hijri lunar year cycle (hawl) is obligated to pay Zakat.

Similarly if one does not have Nisab in their possession for the entire Hijri lunar year cycle, even if for just one day - they do not have to pay Zakat and are actually eligible to receive Zakat. Nisab is nothing but a yardstick to find out who should pay Zakat and who should not. It has no effect in calculating a person’s Zakat.

Hawl

What is Hawl? The passing of one full lunar year cycle under the Hijri calendar is called Hawl.

Guidance: For help with calculating your Zakat or any other Zakat related questions, email to zakat@hidaya.org

Excerpted, from:  http://www.hidaya.org/

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