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1. I CAN UNDERSTAND THAT POSSESSION OF GOLD MAKES MY MOM AND MYSELF "MAALIK-E-NISAAB", THAT IS ELIGIBLE FOR PAYING ZAKAAT AND QURBANI.

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:

BURHAN BHAI,

ASSALAAM-U-ALAIKUM,

I AM WRITING THIS LETTER IN SHEER DESPERATION. THIS ISSUE IS OF EXTREME IMPORTANCE TO US. KINDLY READ THIS LETTER WITH UTMOST ATTENTION SO THAT YOU CAN GIVE ME THE BEST ADVICE POSSIBLE.

MY ISSUE IS RELATED TO ZAKAAT AND QURBANI. SO LONG WE HAVE BEEN GIVING OUR ZAKAAT ASSUMING THAT OUR CALCULATION OF THE SAME IS CORRECT BUT I THINK THERE IS SOME MISTAKE IN THE TITLES PAYING IT. I AM GIVING YOU THE ENTIRE PICTURE OF OUR FINANCIAL STRUCTURE TO HELP YOU DETERMINE THE SOLUTION FOR OUR PROBLEM. WE ARE A FAMILY OF FOUR. MY DAD STAYS IN DUBAI AS HE HAS HIS JOB THERE. MY MOTHER , BROTHER AND MYSELF STAY HERE DUE TO OUR STUDIES AND OTHER COMMITMENTS .
NOW EACH YEAR WHILE CALCULATING ZAKAAT MY DAD, ON HIS OWN, TAKES THE ESTIMATE OF OUR ENTIRE PROPERTY OR WEALTH AND THEN PAYS THE ZAKAAT. THIS INCLUDES THE ZAKAAT ON OUR GOLD AS WELL. RECENTLY I CAME TO KNOW FROM ONE OF THE MUFTI`S IN OUR LOCALITY THAT THE ZAKAAT ON THE GOLD IN OUR POSSESSION HAS TO BE PAID BY BOTH OF US I.E. MY MOTHER AND MYSELF. SIMILARLY WHILE GIVING THE MONEY FOR OUR PARTICIPATION IN QURBANI, SINCE WE SACRIFICE A COW, HAS TO BE GIVEN BY BOTH OF US AND NOT NY DAD. PLEASE CLARIFY THE CONFUSION WE ARE FACING HERE. MY MOTHER IS A HOUSE WIFE AND BOTH OF US, MY BROTHER AND MYSELF, ARE NOT WORKING AT THE MOMENT. HENCE WHERE DO WE PAY FROM? OUR DAD GIVES THREE OF US A POCKET MONEY OF Rs. 1000/- EACH, APART FROM SENDING THE USUAL MONEY FOR HOUSEHOLD EXPENSES EVERY MONTH. BOTH MY MOTHER AND MYSELF HAVE A FAIR SHARE OF GOLD PROPERTY GIVEN TO US BY DADDY. MY BROTHER ALSO HAS SOME AMOUNT OF MONEY IN HIS NAME IN THE BANK WHICH HE HAD SAVED OVER THE YEARS OUT OF HIS POCKET MONEY.

MY QUESTION IS:-
1. I CAN UNDERSTAND THAT POSSESSION OF GOLD MAKES MY MOM AND MYSELF "MAALIK-E-NISAAB", THAT IS ELIGIBLE FOR PAYING ZAKAAT AND QURBANI. SINCE WE BOTH ARE NOT WORKING , ARE WE SUPPOSED TO PAY FOR ZAKAAT AND QURBANI OUT OF OUR OWN POCKET? WHEN I ASKED OUR LOCAL MUFTI HOW DO WE DO THAT, HE SAID THAT AFTER WEIGHING THE TOTAL QUANTITY OF GOLD, WE SHOULD REMOVE IT`S FINANCIAL WORTH AND OUT OF THAT GOLD WORTH Rs. 2.5% OF THE TOTAL VALUE SHOULD BE SOLD AND THEN THAT MONEY SHOULD BE GIVEN OUT AS ZAKAAT. FROM AMONG MY RELATIVES AND ALL THE OTHER PEOPLE I KNOW, ALL THE WOMEN ASK THEIR HUSBANDS TO PAY ZAKAAT ON THEIR BEHALF. WE HAVE ALSO BEEN DOING THIS SO LONG. IS THAT WRONG?
2. AS I MENTIONED, MY FATHER GIVES THREE OF US POCKET MONEY WORTH Rs. 1000/- EACH. MONEY KEEPS COMING IN AND GOING OUT OF THIS AMOUNT THROUGHOUT THE MONTH. IN THIS WAY AT THE END OF A CALENDAR YEAR WE HAVE SOME AMOUNT OF BALANCE LEFT IN OUR POCKET MONEY COLLECTION. ARE`NT WE SUPPOSED TO PAY ZAKAAT ON THIS AMOUNT AS WELL?. WHAT IS THE CRITERIA IN CASE OF BANK BALANCE TO DECIDE A PERSON`S ELIGIBILITY FOR PAYING ZAKAAT AND QURBANI.

I KNOW THE PROBLEM IS A BIT CONFUSING, BUT I COULD NOT THINK OF ANYONE ELSE WHEN IT CAME TO TAKING A SECOND OPINION ON SUCH A VITAL ISSUE. HOPE TO RECEIVE THE REPLY SOON .

ALLAH HAFIZ.

 

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Answer:

 

Zakah calculations

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 none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Dear and beloved Sister in Islam, before we address your specific questions, we wish to clarify that zakah and qurbani are two separate and distinct rites of worship; the zakah being fard or obligatory and the qurbani being Sunnah and thus voluntary.

 

Ref: The obligatory zakah

If the total nett worth of any believer, regardless of whether that wealth belongs to a man, woman, or child, is more than the prescribed nisaab of 7.5 tolas of gold (app. 85 grams or app. Value US$1,000.00), then the person is liable to pay the obligatory zakat of 2.5% on their excess wealth which has been in her possession for a full calendar year.

 


If ones total nett worth is less than the prescribed nisaab, then one does not have to pay any zakaah on their wealth. Thus in principle, if the value of ones excess wealth (regardless of whether the wealth belongs to a man, woman or child) is above the prescribed nisaab, then it is absolutely obligatory that one purify their wealth by paying the annul zakah on their excess wealth after it has been in their possession for a period of one full calendar year.

 

If one fulfills ones obligatory duty of zakah, one will earn a huge reward from Allah Subhanah; and if one for any reason is negligent in fulfilling their annual zakah dues properly, they will have a severe accounting in the presence of their Lord in the Hereafter.

 

Ref: Qurbani

For the believers who are performing the Hajj pilgrimage, it is absolutely obligatory that the obligatory rite of sacrifice should be offered for each individual performing the pilgrimage. The absolute minimum sacrifice one performing the Hajj should offer is a sheep, or one-seventh of a cow or camel. If one wishes to offer more sacrifice than the stipulated minimum, there is absolutely no harm.

 

For the believers who are not performing the Hajj, offering a sacrifice on the Day of Adha is not obligatory, but rather a preferred Sunnah and thus voluntary. If for any reason one who is not on the Hajj pilgrimage wishes not to offer the sacrifice on the Day of Adha, there is absolutely no sin upon them; the absolute maximum one may say is that the person who chose not to offer a sacrifice missed a great opportunity to earn huge rewards from Allah Subhanah.

 

Your Question: ..NOW EACH YEAR WHILE CALCULATING ZAKAAT MY DAD, ON HIS OWN, TAKES THE ESTIMATE OF OUR ENTIRE PROPERTY OR WEALTH AND THEN PAYS THE ZAKAAT. THIS INCLUDES THE ZAKAAT ON OUR GOLD AS WELL. RECENTLY I CAME TO KNOW FROM ONE OF THE MUFTI`S IN OUR LOCALITY THAT THE ZAKAAT ON THE GOLD IN OUR POSSESSION HAS TO BE PAID BY BOTH OF US I.E. MY MOTHER AND MYSELF.

It is the responsibility and the duty of the owner of the wealth to make sure that its proper annual zakah dues are paid; thus in the Sight of Allah Subhanah, indeed you are liable for the zakah of the jewelry that belongs to you, and your mother is liable for the zakah of the jewelry that belongs to her.

 

But if your father, while paying the zakah due from him, in addition also fulfills the zakah due on the jewelry that belongs to his wife and his daughter, that is absolutely lawful and acceptable to Allah Subhanah.and in such a situation, the mother and the daughter will not be liable to pay the zakah again on their jewelry.

 

Your Question: .SIMILARLY WHILE GIVING THE MONEY FOR OUR PARTICIPATION IN QURBANI, SINCE WE SACRIFICE A COW, HAS TO BE GIVEN BY BOTH OF US AND NOT NY DAD. PLEASE CLARIFY THE CONFUSION WE ARE FACING HERE.

Firstly sister, the qurbani or sacrifice is not obligatory upon those who are not on the Hajj pilgrimage themselves, but is a preferred Sunnah and thus voluntary. Secondly, each individual of the family is neither obligated nor required to perform an individual sacrifice; if the head of the household performs the voluntary qurbani with the intention that the sacrifice is from the whole household, it would more than suffice for the whole family or household.

 

Sahih Muslim Hadith 4845 Narrated by Aisha

Allah's Messenger (saws) commanded that a ram with black legs, black belly and black (circles) round the eyes should be brought to him, so that he should sacrifice it. He (saws) said to Aisha: Give me the large knife, and then said: Sharpen it on a stone. She did that. He (saws) then took it (the knife) and then the ram; he placed it on the ground and then sacrificed it, saying: In the name of Allah, O Allah, accept (this sacrifice) on behalf of Muhammad, and the family of Muhammad, and the Ummah of Muhammad".

 

Your Question-1: I CAN UNDERSTAND THAT POSSESSION OF GOLD MAKES MY MOM AND MYSELF "MAALIK-E-NISAAB", THAT IS ELIGIBLE FOR PAYING ZAKAAT AND QURBANI. SINCE WE BOTH ARE NOT WORKING , ARE WE SUPPOSED TO PAY FOR ZAKAAT AND QURBANI OUT OF OUR OWN POCKET? WHEN I ASKED OUR LOCAL MUFTI HOW DO WE DO THAT, HE SAID THAT AFTER WEIGHING THE TOTAL QUANTITY OF GOLD, WE SHOULD REMOVE IT`S FINANCIAL WORTH AND OUT OF THAT GOLD WORTH Rs. 2.5% OF THE TOTAL VALUE SHOULD BE SOLD AND THEN THAT MONEY SHOULD BE GIVEN OUT AS ZAKAAT. FROM AMONG MY RELATIVES AND ALL THE OTHER PEOPLE I KNOW, ALL THE WOMEN ASK THEIR HUSBANDS TO PAY ZAKAAT ON THEIR BEHALF. WE HAVE ALSO BEEN DOING

Dear and beloved Sister in Islam, although the responsibility of paying the annual zakah dues lies upon the one who owns the wealth, if ones guardian or parent or husband, etc., of their own will, fulfills the zakah dues on the excess wealth or jewelry owned by those in their wards, that is perfectly acceptable in the Sight of Shariah Law and of Allah Subhanah.

 

If your father does not pay the zakah on the jewelry owned by yourself and your mother, then indeed you and your mother would be liable to pay the annual zakah dues on your jewelry. But if your father says that he has included your excess wealth when determining his annual zakah, then the annual zakah on the jewelry owned by your mother and yourself will be considered fulfilled in the Sight of Allah Subhanah and you and your mother do not have to pay the zakah on it for that particular year again.

 

In the case of your father not paying the zakah dues on the jewelry owned by yourself and your mother, then indeed you and your mother would have to pay the annual zakah on your jewelry; and if you and your mother do not have the necessary cash to pay the zakah, then indeed you would have to sell a part of your jewelry and fulfill its zakah annually.

 

If the wife requests her husband to pay the annual zakah on the jewelry owned by her, and the husband fulfills her request by paying the zakah on her jewelry, that is perfectly acceptable in Shariah and the wife is not required to pay the zakah again on her jewelry for that calendar year.

 

Your Question: AS I MENTIONED, MY FATHER GIVES THREE OF US POCKET MONEY WORTH Rs. 1000/- EACH. MONEY KEEPS COMING IN AND GOING OUT OF THIS AMOUNT THROUGHOUT THE MONTH. IN THIS WAY AT THE END OF A CALENDAR YEAR WE HAVE SOME AMOUNT OF BALANCE LEFT IN OUR POCKET MONEY COLLECTION. ARE`NT WE SUPPOSED TO PAY ZAKAAT ON THIS AMOUNT AS WELL?. WHAT IS THE CRITERIA IN CASE OF BANK BALANCE TO DECIDE A PERSON`S ELIGIBILITY FOR PAYING ZAKAAT AND QURBANI.
Lets say one (you) has jewelry worth IRS 100,000.00; and from the IRS 12,000.00 pocket money you receive each year you have spent IRS10,000.00 on expenses and saved IRS 2,000.00.

 

Thus your nett excess wealth will be calculated at IRS 102,000.00, and provided this wealth has been in your possession for a period of one full calendar year, you will be liable to pay 2.5% of IRS 102,000.00 as the zakah for that particular calendar year.

Because the wealth belongs to you individually, it is you who is ultimately liable and responsible to fulfill this obligatory zakah. If you father chooses to pay the zakah dues liable from you, there is absolutely no harm; but if your father, for any reason, does not fulfill the zakah that is due from you, you will be liable to pay it yourself.

 

Whatever written of Truth and benefit is only due to Allahs 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

 

 

 

 


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