
How You May Pay Zakah
How You May Pay Zakah BY Mufti Muhammad Taqi Usmani (rah)
Praise be to Allah. We praise
Him and seek His help and ask Him for His forgiveness. We seek refuge in Allah
from the evil of our souls and from our sinful deeds. He whom Allah guides,
no one can mislead and He whom He leaves astray none can guide. And we bear
witness that there is no god except Allah who is alone and who has no partner
and we bear witness that Sayyidina Muhammad is His servant and Messenger, may
Allah bless him and his family and companions and may He favour him and give
him peace a complete peace abundantly.
I seek refuge in Allah from the accursed Satan. In the Name of Allah the Compassionate,
the Merciful.
"And those who hoard up gold and silver and expend it not in the way of
Allah, so give them the glad tidings of a painful chastisement, on the day when
it shall (all) be heated in the Fire of Hell, and there with their foreheads
and their sides and their backs shall be branded, (saying), This is what you
hoarded up for yourselves, so taste you now what you used to hoard up.”
(At-Tawbah, 9:34-35)
I have believed in Allah. Allah, our Great Protector, has spoken the Truth and
His Messenger, the noble Prophet, has spoken the Truth and we are witnesses
over that and grateful. Praise belongs to Allah, Lord of the worlds.
Introduction
The gathering today has before it the subject of Zakah- There are a few days
to the month of Ramadan and Muslims generally pay Zakah in this holy month.
So, the time is opportune to discuss the importance of Zakah, its virtues and
the necessary procedure and rules. This will enable us to pay Zakah properly.
Admonition for not paying Zakah
It is for this reason that I have quoted two verses of the Holy Quran. These
verses speak of the serious warning that Allah has given to those people who
do not pay Zakah on their assets as prescribed. Very strong words are used to
warn them of the punishment. So, the Qur'an says, "Those who hoard up gold
and silver and expend not in the way of Allah so (O Prophet) give them tidings,
of a severe punishment." These are the people who continue to hoard their
wealth, gold and silver and do not spend in the cause of Allah and do not fulfill
the duties imposed on them by Allah so let them have the glad tidings of a painful
punishment. Then, the next verse describes the kind of the painful punishment.
This punishment will be awarded on the day when the gold and silver will be
heated in the fir of Hell and with it the man's forehead, and his sides and
back will be branded. And it will be said to him:
This is what you hoarded up for yourself so taste now what you used to hoard
up. May Allah preserve all Muslims from this Punishment. Aameen
The fate of the people is described who store up wealth but fail to discharge
their duties correctly. The warning is given not merely in these verses but
it is given in other verses of the Qur'an too. For instance, we are told in
surah al Humazah.
Wo to every slanderer, defamer, who amasses wealth and counts it. He thinks
that his wealth will make him live forever! Certainly not! He shall be thrown
into the Hutamah. And what the Hutamah is? It is the fire kindled by Allah,
which roars over the hearts, (al Humazah, 104:1-7)
He will be punished because of his wealth against which he did not pay the dues.
The Hutamah is a fire kindled by Allah not by any man whose kindled fire can
be extinguished by water or sand. The fire kindled by Allah will burn man's
heart and liver (that is it will reach upto his heart and liver). This is a
very grave warning. May Allah protect every Muslim from it. Aameen!
From where is the wealth coming
Why is such a strong warning given for not paying zakah? It is to be considered
first where one gets one's wealth from? Whether he is engaged in business, employment,
agriculture or in other occupation, does he think that he amassed the wealth
by his own effort? In fact, it is a system drawn up by Allah through which He
provides livelihood to different people.
Who sends the customers?
A shopkeeper supposes that he has opened his shop and sells his merchandise
and so earns wealth but he does not consider who sends customers to his shop.
Suppose if no customer had visited him, would he have earned money? It is Allah
who sends his customers and who has formed a system whereby each fulfils the
need of the other. He prompts one to set up a shop and another to visit his
shop.
An eye-opening event
I had an elder brother, Muhammad Zaki Kayfi, may Allah elevate his rank. He
had a bookshop in Lahore, Idara Islamiyat. That shop is still in business. He
told me once that very unique acts of Allah are witnessed in business. He cited
an example of a morning when he woke up to see it rain heavily. Water had flooded
the streets. He thought that it was better to stay home rather than open the
shop because no one would buy a book especially a religious book. People generally
put a religious book last on their list till everything else is bought and there
is spare money. This is because books do not satiate the hungry nor do they
quench the thirst. When one's needs are fulfilled and he has some money on hand
he will prefer to buy a fiction or a novel.
However, my brother had lived with the religious-minded and had been with Mawlana
Thanavi (rah) so he said to himself, "It is okay if no customer visits
my shop but Allah made it a source of my livelihood so it is my duty to open
it and wait. To get a customer to visit my shop is not my task; it is on someone
else to send him to me. I must not lag behind in my duty whether it rains or
there is flood." So, he took his umbrella and waded through water to his
shop. He opened it and waited for his customers. Not expecting one, he opened
the Qur'an and began reciting it. Hardly had he begun the recital when he saw
some men in raincoats and holding umbrellas enter his shop to buy books and
he wondered what had made them brave in the rain and floods to visit a bookshop.
This happened all day and his sale that day was the same as his sale on a normal
day. He then realised that the customers did not come on their own but were
sent by someone because He has appointed his livelihood through his shop.
Distribution of labour is by Allah
It is a system organised by Allah that He sends customers to different people.
No one else has distributed different tasks and business to different people.
It is Allah who has put in the hearts of men that they should do different tasks
and take up different occupations and businesses. Someone sells cloth, someone
shoes, someone rice, someone utensils and so on. In this way everyone sees to
the needs of the other. There has never been an intentional worldwide distribution
of labour whereby everyone was asked to do something or the other. It has been
an automatic, unplanned distribution of tasks. The result is that everything
that is necessary is available in the market and there is a buyer for everything
sold. In other words, a means of livelihood is available to different people.
This system is orginised by Allah and it provides livelihood to different people.
Who grows food from the land
Whether one is engaged in a business, in farming or in an employment, He is
Allah who really provides sustenance. Let us take agriculture for example. The
farmer tends to the land and sows the seeds. He then irrigates the land but
He is Allah alone who causes the seed to sprout. A seed which really is lifeless
and weightless but it pierces the tough earth to make itself known. Its roots
are very delicate, so much that even a child may undo them with his fingers
but they are strong enough to tolerate the severity of the varying seasons and
the winds. Passing different stages, the seed finally grows the fruit that is
consumed by the people the world over. Allah alone brings these things to happen.
Man is not capable of producing anything
Therefore, whatever the means of income, man is on the earth to do a limited
task and he does that but he is not able to cause anything to grow. He is Allah
alone who produces what is necessary and grants it to mankind whatever man has
is a blessing from Allah
To Allah belongs whatsoever is in the heavens and whatsoever is in the earth.
(Ai-Baqarah. 2:284)
The real master is Allah
After giving things to man, Allah also said to him, "You are the owner."
Thus, He has said in Surah Yasin.
"Have they not seen that we have created for them - among the things which
our hands have fashioned-cattle that they own." (Surah Yasin. 36:71) "I
was the Real Owner but I made you the owners. So in the things that have come
to your possession true right belongs to Me. Then spend in the way, I have commanded
you." If a man spends in accordance with the commands of Allah then the
rest of his possessions are lawful for him and blessings of Allah are on those
possessions. If he does not give from his wealth what Allah has asked him to
give then all of it is fire for him and he will experience the fire on the Day
of Resurrection when he will be branded with it and told, "This is the
wealth that you had amassed."
Only 2 1/2% is to be paid
If Allah had said, "Keep to yourself the 2 1/2% and spend in His way the
rest 97 1/2% then that would have been just because all really belongs to Him
and is granted by Him. But He is Merciful to His slaves and asked them to retain
the bulk share of 97 1/2% and spend in His way only 2 1/2% because man is inclined
towards possession. The 97 1/2% will then become lawful and pure; it may be
spent on his lawful personal needs.
Emphasis on Zakah
The 2 1/2% is zakah. The Quran has said about it. And establish the Salah, and
pay the Zakah. (al-Baqarah, 2:43)
At the same time as prayer is mentioned, Zakah is also mentioned. This is the
importance attached to Zakah. lf that is the case and the wealth also is a grant
from Allah then a Muslim must, at least, make the 2 1/2% payment in accordance
with the Command of Allah. He will not suffer anything if he pays this small
amount.
Zakah must be calculated
and paid
Many people just neglect payment of Zakah. They simply do not pay it. There
are some others who pay Zakah but do not bother to calculate the correct procedure
is to assess the wealth and possessions and pay the 2 1 / 2% on it. They shy
away from counting their stocks and possessions and estimate the Zakah payable
on that. This could lead to an error and a lesser amount could have been estimated
and even if an insignificant amount as low as one rupee is underpaid then it
is enough to ruin the rest of the wealth. If an over payment is made then, InshaAllah,
there will be no questioning on that.
When Property causes Ruin
We are told in a Hadith that the Messenger of Allah (saws) said, "When
zakah becomes part of a wealth - that is, when full zakah is not paid but something
of it remains unpaid - then that wealth becomes a means of ruin for the owner."
Therefore, we must be careful in evaluating our wealth and pay the full zakah
due on it otherwise the obligation remains unobserved. By the Grace of Allah,
a majority of Muslims pay zakah but they are not careful in making a proper
calculation before paying it with the result that something of zakah remains
included in their wealth. That becomes a cause of destruction and ruin.
Benefits of Zakah in this life
Zakah must be paid with the intention that the command of Allah is being observed,
it is the demand of His pleasure and a form of worship is being fulfilled. Whether
benefit from that payment or not, our aim should be to obtain the pleasure of
Allah. This is the true aim of zakah. It is the mercy of Allah on us that when
anyone pays zakah, Allah lets him have its benefits too. His possessions and
wealth are blessed as we are told in the Quran an
Allah blots out usury and augments charity (al-Baqarah, 2:276)
A Haidth quotes the Holy Prophet (saws) as saying, "When a slave of Allah
pays zakah, the Angels of Allah pray for him in these words :
"O Allah! Grant abundance to him who spends (in Your cause) and destroy
him who does not spend and restricts to himself his wealth." (Bukhari Book
of Zakah)
That is why, he said : Charity does not diminish wealth
So, it happens sometimes that as a Muslim pays Zakah, Allah opens for him Fresh
Avenue of income so that he receives more than he has paid in zakah. It happens
sometimes that although payment of zakah seems to reduce wealth to the extent
of payment, Allah blesses the remaining wealth so it provides more benefit than
expected from it.
Consequences of lack of blessings in wealth
Today, everyone believes in numbers. No one understands what one means by blessings.
It is the name given to benefit beyond expectation from something- For example,
someone earns a lot of money someday and takes his earnings home only to find
a child ill and only one visit to a doctor costs him all his day's earnings.
This means that there was lack of blessings in his earnings. Or, he encounters
bandits on the way who disown him of his earnings. This is also an example of
lack of blessings in his wealth. Or, the man buys food from his earnings and
eats it only to get indigestion. This again is an example of lack of blessings
in his earnings. On the other hand, blessings in a man's earnings allow him
to reap more benefit from his little earnings than he had expected. Allah showers
blessings on him who does what Allah has commanded him to do. Therefore, we
must pay zakah on our wealth in the manner Allah and His Messenger (saws) have
instructed us to pay and make a correct calculation, not a mere conjecture.
The Nisab of Zakah
Allah has prescribed a Nisab (standard) for Zakah. Nisab is the minimum amount
of property liable to payment of zakah. If anyone owns property less than the
Nisab then he is not liable to pay zakah but when he possess the nisab he becomes
liable to pay zakah on it. The nisab is :fifty two and a half tolas of silver
or its value in cash or jewellery or commercial merchandise. The person who
has this much wealth is known as Sahib Nisab (owner of the property liable to
zakah).
It is not necessary that each rupee should have been owned for a year
Zakah is payable by the Sahib Nisab when he has the nisab in his hands for a
year. Zakah is then wajib on him. There is a misconception generally that a
man should have every part of his money or wealth for a year to be called a
Sahib Nisab and only then will zakah be wajib on him. It is not so. Rather,
if a man becomes a Sahib Nisab at one time say the 1st of Ramadan and then again
on the next 1st Ramadan he is a Sahib Nisab. He is liable to pay zakah even
if during the year he did not constantly have that much wealth. On the 1st Ramadan
when the first year is over and the next begins he will pay zakah on what he
owns even if he may have had some of the wealth only for a day.
Zakah is payable on the wealth one owns on the date of Zakah
For example, a man had a hundred thousand rupees on the 1st of Ramadan. Next
year two days before this date he received another fifty thousand rupees so
on the 1st Ramadan he had a hundred and fifty thousand rupees. It is now fard
(absolute obligation) to pay zakah on this amount of a hundred and fifty thousand
rupees. He cannot argue that he has had fifty thousand rupees for only two days
so he will not pay zakah on that amount because that money has not been with
him for a year. Rather, he will consider the date of payment of zakah, the date
when he became a Sahib Nisab, and value his assets and pay zakah on these assets.
The value may be more than the last year's value or it may have become less.
For example, he had a hundred thousand rupees last year and he may have a hundred
and fifty thousand in the current year so he will pay zakah on the current value
of a hundred and fifty thousand rupees. Or, he may have only fifty thousand
rupees this year then he will pay zakah on the amount of fifty thousand rupees
only. The amount of money spent during the year is not calculated and no zakah
is paid on the money so spent. Allah has spared man from the intricacies of
accounting and has prescribed an easy method so that he has not to worry about
the money that he has spent and used up. In the same way, whatever money is
received during the year has not to be recorded separately. It is so simple
that whatever money and assets a man has on the date of zakah, he will pay zakah
on that amount. This is the meaning of the words 'passing of a year.'
On what heads is Zakah payable
It is one of the several favours of Allah on us that He has not made it fard
(obligatory) on us to pay zakah on every item we possess, for there are different
heads of assets a man may own. The items on which zakah is fard are:
(1) Cash in any form like currency notes or coins.
(2) Gold and Silver whether jewelry or coins. Some people suppose that jewelry
used by women is not liable to zakah which is a wrong notion. The truth is that
zakah is payable on the jewelry that is worn or used and made of gold or silver;
however, zakah is not applied on jewelry made of any other metal such as platinum.
Similarly, zakah is not paid on pearl or jewel as long as they are in personal
use and not for business purposes.
We must not apply reasoning in these matters
We must remember that zakah is a form of worship and a duty imposed on us by
Allah. Some people try to reason out the wisdom behind different rulings and
ask why zakah is applied on some things and not on others. To pay zakah is to
perform a worship whether we understand the reason behind it or not. Thus, we
cannot ask why zakah is payable on gold and silver and not on Pearls, jewels
and platinum. It is like asking why the Maghrib prayer is not reduced during
a journey while the Zuhr, Asr and Isha prayers are reduced to the Qasr. Qasr
for these three prayers two is rakaat each instead of four while one is travelling.
Or, it is like asking why a passenger who travels luxuriously by first class
in an airline is allowed to offer Qasr prayers while another traveling with
great difficulty in a local bus within his city not allowed to offer Qasr prayers.
The answer to all such questions is the same that these are rules of worship
prescribed by Allah and these rules must be respected otherwise the worship
will be meaningless.
To offer worship is to obey the Command of Allah
It is also like asking why Hajj is observed on 9th Zul Hajjah and not on just
any day convenient to a pilgrim, and why stay just one day at 'Arafah and not
three days. Obviously, if anyone stays at Arafah for three days instead of one
day his Hajj will not be valid because he does not follow the method prescribed
by Allah. Again, a man cannot say that he will perform the Rami of the Jamarat
all together on the fourth day instead of the three days of Hajj. Rami is the
casting of pebbles on the Jamarat, the pillars marking places where Satan tried
to tempt Sayyidina Ismail (as) This also is a form of worship and a worship
should be performed in its prescribed manner otherwise it is invalid and meaningless.
Thus they raise an objection on the levy of zakah on gold and silver and not
on pearl is to question the philosophy of worship-Nevertheless, Allah has prescribed
zakah on gold and silver whether in use or not, and on cash money.
Method of valuing merchandise
of trade
Zakah is also paid on merchandise of trade. For instance, if someone has stock-in-trade
at his shop then he will have to pay zakah on all his stock. However, at the
time of valuation the shop-keeper is at liberty to value his stock at the price
his good would fetch if sold in bulk. There is a retail price, a wholesale price
and a price that would apply to the entire stock sold together. So, there is
a scope to price the stock at such a price and then pay zakah at 2 1/2%; however,
it is safer to use the wholesale price.
What is stock-in-trade
Everything that a man buys with intent to re-sell is stock-in-trade. Thus, if
anyone buys a piece of land to re-sell at a higher price, or a house or car,
then these things are his trading merchandise. Zakah is wajib (obligatory) on
all these things because he had acquired them with intent to sell. Many people
buy a piece of land as an investment intending to sell it later at a higher
price and making a profit in the process. Zakah is payable on the value of this
land. However, if anyone buys a piece of land with the hope that if he has an
opportunity he will construct a house thereon for his personal use, or give
it on rent or alternatively, sell it off so having' no definite intentions;.
he has not made a choice of the three options then zakah is not payable on that
piece of land. Zakah is only wajib when the intention at the time of buying
was clearly to re-sell. Even if anyone buys a piece of land with intent to construct
a house for himself but later on he changes his mind and decides to sell it,
a mere change of intention does not involve any liability on him to pay Zakah;
only after he actually sells the land and receives the sale proceeds will he
have to pay zakah on that.
So, everything that is bought
with intent to re-sell is stock-in-trade and attracts zakah at two-and-a-half
percent
The date of valuation
It must be remembered too that the date of valuation is the date of calculation
of zakah. If a piece of land was purchased for a hundred thousand rupees and
values a million rupees on that date then will zakah be paid, on the latter
value and not on one hundred thousand rupees.
Zakah on share certificates
Share Certificates are also stock-in-trade. There are two possibilities: a man
may buy shares to receive annual profit from the company and another may buy
them to sell them at a higher price.
In the second case where a man buys shares with intent to do business and sell
them at a higher price then zakah is wajib on the full market value of the shares.
For instance, if the purchase price was Rs.50 and the current market value is
Rs.60 on the day of calculating zakah then the shares will be valued at Rs.60
and zakah is to be paid at 2 1/2%.
However, in the first case where the man did no intend to re-sell his shares
at the time of purchase but hoped to receive annual profit on them he is allowed
to find out the fixed assets of the company and its liquid assets and he may
pay zakah on the proportion of liquid assets in his shares. The fixed assets
include building-machinery, cars, etc. while the liquid assets comprise of cash,
stock-in-trade, raw material and finished goods-Suppose, the fixed assets form
forty percent of its overall assets and the liquid assets form sixty percent,
the share-holder will value his share holdings at the market value and pay zakah
on sixty percent of that value. Thus, if the market value of each share is Rs.60
and the assets on which zakah is payable comprise 60% of the assets while the
remaining do not attract zakah then the value of each share liable to zakah
is Rs.36. If this data cannot be found out from any company then zakah will
be paid on the full market value.
Every other financial instrument apart from shares will be categorised with
cash whether they are bonds or certificates. Zakah will be paid on their face
value.
Factory Assets that attract Zakah
The finished product in a factory is liable to be valued for zakah. In the same
way, zakah is payable on the merchandise at different stages of production and
on raw materials. However, zakah is not payable on factory machinery, building,
cars etc.
In the same way, if anyone is a partner in a business then he will be liable
to pay Zakah on the market value of his share in business.
In short, zakah is payable on cash which includes cash at bank and financial
instruments, on stock-in-trade that includes finished products, raw material
and merchandise under different stages of production, on share certificates
which are also included in stock-in-trade, and on everything else that is classified
as stock-in-trade which anyone has bought with intent to re-sell.
At the time of paying zakah the gross value of all these things must be found
out and zakah paid on that value.
Zakah on Loans Receivable
Apart from these, certain sums of money are receivable from other people. Either
loans are given to them or sales are made to them on credit. So, when one calculates
the gross value on which he has to pay Zakah, he must include sums receivable
from all such sundry debtors. Although Shari'ah tells us that until sums receivable
are not actually received Zakah is not payable on them yet when they are received
Zakah is paid for every past year it was payable on them but not paid. For example,
if anyone had loaned another person a sum of a hundred thousand rupees and he
receives it back after five years then although it was not Wajib for him to
pay Zakah on this sum of money for the five years yet once he had received it
back then he will have to pay Zakah for each of those five years. Now, since
it becomes very difficult sometimes to pay previous dues of Zakah all together
so it is better to pay it each year regularly on the loan receivable. So, when
a man calculates the Zakah payable to him, he may include sums receivable in
the gross value.
Debts be deducted
The debts payable must be added up and their total deducted from the gross value
of possessions on which Zakah is payable. On the net value, Zakah is paid at
2 1/ 2%. It is better to keep apart the Zakah payable and disburse it among
those entitled to receive it from time to time.
Loans are of two kinds
We must understand that loans are of two kinds. The first kind is that loan
which one ordinarily borrows for personal meds or to meet contingencies. The
second type of loans are those which the capitalists take to finance their commercial
projects for expansion. For instance, they borrow to set up a factory, buy machinery,
import trading merchandise or to set up additional factories, etc. Now, if this
second kind of borrowing is deducted from the gross value of possessions to
arrive at the net wealth that attracts zakah, then not only will these capitalists
find themselves not liable to pay zakah but also in fact, some of them might
find that they are entitled to receive zakah. This is because they borrow from
the financial institutions more than what they possess of zakah leviable wealth.
They are poor people from this point of view. Therefore, Shari ah has distinguished
the different borrowings when the question of deduction arises.
When are commercial borrowings deducted
The first kind of loans will be deducted from the gross value and zakah will
be paid on the net value. As for the second kind of borrowings, if anyone borrows
money for commercial purpose to finance anything on which zakah is levied (for
instance, raw material) then the borrowings will be deducted from the gross
value. But. if the borrowings are to finance such things as do not attract zakah
then the loans will not be deducted from the gross value.
Examples of borrowings
Suppose someone borrows from a bank ten million rupees to buy machinery. Since
zakah is not levied on plant and machinery, the loan will not be deducted from
the gross value of his assets on which zakah is payable. But, if he purchased
raw material from the borrowed money then the value of borrowings will be deducted
from the gross zakah leviable value because the raw material itself attracts
zakah, and is already included in the gross value.
In short, normal borrowings
are deducted from the gross value but commercial borrowings are not deducted
if used to finance something on which Zakah is not paid, but deducted if used
to finance anything on which Zakah is paid. These were rules concerning payment
of Zakah.
Zakah is paid to the entitled
Let us now see the rules concerning disbursement of zakah. My respected father,
Mawlana Mufti Muhammad Shafi (rah) used to say that Allah has not asked us to
just give out zakah but He has commanded us to pay it carefully and distribute
it to the proper entitled people, not give it out injudiciously. The directions
of Shari ah should be heeded while distributing zakah. Some people pay zakah
but do not care to distribute it to the right people and do not care if it is
put to proper use. They hand over the zakah money to someone without ensuring
that he uses it for proper causes. There are many institutions that collect
zakah and there may be many among them who do not make sure that money under
this head is put to proper use. Therefore, zakah must not just be handed over
but must be paid out with care.
Who is entitled?
Shari ah has prescribed the principle that zakah must be paid to only those
who are not themselves Sahib Nisab. Even those people, who have in their possession
anything more than their needs and which is worth as much as the value of fifty
two and half tolas of silver, are not entitled to receive zakah. Such people
are entitled to it who do not have anything equal to the value of fifty two
and a half tola of silver after meeting their needs, whether cash or anything
of that value.
The entitled must be
handed over ownership
The Shari ah commands us that the person entitled to zakah must be made owner
of it when the amount is paid over to him. This means that he should have a
free say in his property. This is why zakah cannot be used to construct a building
and cannot be paid as salary of the employees of an institution. If it was allowed
to use zakah to build and establish institutions then it would have been misused,
the buildings require much money and the institutions pay heavy salaries. Therefore,
one who is not a Sahib Nisab must be paid zakah and transferred ownership over
it. Zakah must be paid to only such people and only then is zakah validly paid.
The relatives who may be paid Zakah
The duty to pay zakah encourages the Muslim to spend the money under this head
in a proper cause. He looks out for the right people and makes out a list of
those entitled to receive it. He then disburses the amount to these people and
it is one of his responsibilities to do so. One must pay zakah to those who
are entitled and who live in his neighbourhood, who are his acquaintances, relatives
and friends. The most excellent act in the payment of zakah is to pay it to
those of one's relatives who are entitled and this secures him a dual reward
- against payment of Zakah and against strengthening ties of relationship. Zakah
may be paid to every relative who is entitled to it except two the relationship
of father and son so neither father nor son can Pay it to the other, and the
marital relationship so the spouses cannot pay of zakah to one another. All
other relationship do not bar payment of Zakah, for example, one can pay it
to a brother and a sister, an uncle or an aunt whether paternal or maternal,
the only condition is that they should be entitled to it.
The command to pay Zakah to a widow and to orphans
Some people suppose that a widow must be paid zakah preferably but the condition
stands here too that she must be one who is entitled to it and not a Sahib Nisab.
If she is thus entitled then it is excellent to pay zakah to her. But, if she
is a widow but not entitled then being a widow does not qualify her to receive
zakah. In the same way, it is excellent to pay zakah to an orphan provided he
is entitled to it but if he is not entitled being a Sahib Nisab then it does
not qualify him to receive the zakah, although he is an orphan. These rules
must be borne in mind while paying zakah to anyone.
Deduction of Zakah from Bank Accounts
For some time now, zakah is collected by the government and the financial institutions
do it for the government as also some companies who deduct zakah and pay it
to the government. This calls for some comments.
As far as banks and financial institutions are concerned, zakah of a person
stands paid when deducted by them and he is not required to pay that again.
However, he may form an intention on the 1st of Ramadan as a precautionary measure
that he is paying the zakah so that his duty in this regard is discharged and
he may not pay it again. Some people are in doubt that before the full year
passed on their entire wealth, zakah is being deducted on all of it. I have
stated earlier in this discourse that it is not necessary that a full year should
pass on every part of the wealth. If anyone is a Sahib Nisab then even the wealth
he gets a day before the year ends will be added to the gross value and the
zakah deducted on it is correctly charged because zakah is wajib on that wealth.
Deduction of loan from the Bank Balance
However, someone may have all his wealth in cash in a bank account and not have
anything else with himself. Then, he may also be a debtor and have to pay to
other people, the bank will deduct zakah on the due date and he will not be
able to deduct the "payables" from his gross wealth. There is one
solution for that. He may withdraw the money from his account or transfer it
to a current account before zakah is deducted because zakah is not deducted
from a current account. Let me mention here in passing that everyone must maintain
a current account and not a savings account because interest is paid on the
savings accounts and that is unlawful. When he withdraws his money from the
savings account, or transfers it, he will be able to take into account the "Payables"
while calculating zakah. Alternatively, he may write to the Bank that he is
not a Sahib Nisab and not liable to pay zakah. According to law, the Bank will
not deduct zakah from his account when he writes to them in this way.
Deduction of Zakah on Shares by the Company
There is also the question of shares. When the company pays the annual dividend,
it also deducts zakah but it calculates zakah on its face value while it should
have been on the market value. So, while the zakah has been duly paid to the
extent of the face value, the shareholder must calculate the difference between
the market value and face value on the basis of the explanation under the head
"Zakah On Share Certificates". For instance, the face value of a share
is fifty rupees on which the company deducts zakah but the market value is sixty
rupees, so the share-holder must pay zakah on ten rupees by himself. This applies
to share certificates and N.I.T. Units. Thus, whenever zakah has been deducted
on face value, the difference between the market value and face value must be
calculated and zakah paid thereon.
The date of Zakah
Shari ah has not fixed a date for calculating zakah nor any period or date for
its payment. In fact, every person may have his own date. In the eyes of Shari
ah the true date begins when anyone becomes a Sahib Nisab. If anyone becomes
a Sahib Nisab on the 1st Muhurrum then his date for zakah is that date and in
future, he will calculate his zakah on the 1st of Muhurrum. But, often people
do not remember when they became Sahib Nisab so they may fix any date when it
is easy for them to calculate their liability. They may follow that date every
year in future and it is good to pay a little more as a precautionary measure.
Can one fix a date in Ramadan
Normally, people pay zakah in the month of Ramadan because a Hadith tells us
that observance of a fard (absolute obligation) in Ramadan entitles to a reward
equal to seventy times. Thus payment of zakah will also fetch them a reward
seventy times the normal reward. This is a correct thinking and commendable
too but if anyone remembers his date when he became a Sahib Nisab then it is
wrong for him to seek a date in Ramadan. He must calculate his zakah on the
date he remembers; however, if he pays the calculated zakah in small amounts
then he may pay the remaining in the month of Ramadan. If he does not remember
his date then there is an excuse for him to fix a date in Ramadan. But he must
pay a little more so that he may make up for any shortage because of difference
in date.
Then He may go by that date every year and calculate his wealth accordingly.
He may add up his wealth on that date, cash, gold holdings, shares, stock-in-trade,
etc. and get their values on that date. He may not then change the date again.
This was a little comment on zakah. May Allah cause us to observe the commands
that call on us to pay zakah. Aameen.
Taken
from Discourses on Islamic Way of Life Vol Ix
|