Zakah on disputed property.
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:
i have a property (a house), initially purchased it for investment purpose, still the property is in my name, but due to some dispute i am unable to sell it. nor am i/or any family menber, is using that house for any purpose. nor can i rent it. however its value is increasing every year wrt the property rates.
is zakat applicable of such disputed property?
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Zakah on disputed property
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.
Respected brother, if the property in question legally belongs to you and/or is in your possession, then indeed you would be liable to pay zakah annually at the rate of 2.50% on the fair market value of the property.
If perchance there is a legal dispute regarding the ownership of the property, and you have no access to the property, neither to rent it, nor to sell it, nor to use it..then the scholars and the jurists are of the opinion that one has the option of delaying ones zakah dues on the property until the legal dispute is settled.
If perchance the dispute is settled in your favor, then you would be liable to pay the zakah for all the unpaid years; and if the judgment of the case is against you and you lose the property, then you would obviously not be liable for its zakah.
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,