Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

dear brother

asak, if the wife has recieved ornaments as her wedding gift and from her husband afterwards during marriage is she or the husband liable to pay zakah on it? also please advise if wife is not earning then how will she pay zakah on those ornaments? or is the husband responsible for paying it? thank-you, salaams a sister 

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Answer:

Who pays zakah for jewelry

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Question: if the wife has recieved ornaments as her wedding gift and from her husband afterwards during marriage is she or the husband liable to pay zakah on it?

The ‘mehr’ the woman receives as her right during her marriage, or any property she inherits from her deceased relatives, or any income she derives from her investments, or any gift she receives from her loved ones be it in the form of property, or cash, or jewelry, etc. will all be considered the private wealth of the woman; and it is the woman who will be responsible and liable to pay the annual zakah dues on her wealth. The husband will neither be responsible nor liable to pay the annual zakah dues on the wealth that belongs to his wife.

Your Question: also please advise if wife is not earning then how will she pay zakah on those ornaments?

If the total value of the wealth that belongs to the woman is above the prescribed ‘nisaab’ in Islam (approximately US$1,000.00), she will be liable and responsible to pay the zakah on her excess wealth. If the woman does not have any earnings, she would have to sell part of her wealth and fulfill the zakah rights.

Your Question: or is the husband responsible for paying it?

The primary responsibility on paying the zakah dues is always on the person who owns the wealth. Although the husband is not in legal terms responsible or liable to pay the zakah on the wealth or property that belongs to the wife, if out of generosity and good will the husband takes upon himself to fulfill the zakah dues on the wealth of his wife, there is absolutely no harm and perfectly permissible in Islam.

If for any reason whatsoever the husband does not wish to pay the zakah on the property that belongs to his wife, then it would remain the wife’s responsibility to fulfill and pay the zakah on the property and wealth that belongs to her.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan