Tuesday 28 September 2010

Kitaab ul-Zakat

According to the Shari’ah, Zakat is defined as ‘specified dues taken from a specified wealth or property, after a specified period of time, within specified rules and distributed to specified categories of people’. Zakat purifies the heart from the detested trait of stinginess and purifies the wealth through giving out a portion of it. It also causes the wealth to grow through Allah(swt)’s blessings. While regular charity is strongly recommended and abundantly rewarded by Allah(swt), Zakat is a debt we owe Him(swt) and must be paid as a result of our belief in Allah(swt).
Zakat, as a specified amount, was ordained in Medinah during the Month of Shawwal, in the second year of Hijrah. The order to give Zakat is associated with the order to perform prayers over eighty times in the Qur’an as Allah(swt) mentions: "And perform the Salah and give the Zakat". Allah(swt) also says to the Messenger Muhammad(saw): "Of their goods take alms, that so you might purify and sanctify them;" (Surah 9: at-Tawbah Verse 103)

The order to give Zakat is established numerous times not only in the Qur’an but also in the Sunnah of the Messenger Muhammad(saw). In a hadith narrated by Bukhari and Muslim, the Messenger(saw) said: "Islam is built on five pillars…..and giving Zakat….." Bukhari, Muslim and others also narrated that when the Messenger Muhammad(saw) sent Mu’adh to the people of Yemen, he(saw) told him to "…..let them know that Allah has ordained on them Zakat, to be taken from their rich and given to their poor….."
Zakat is an obligation on every Muslim, male or female, minor or adult, sane or insane, who has an amount of money called ‘Nisab’ that has remained in his/her possession for one full lunar year. ‘Nisab’ is the minimum amount of money, property and other wealth that is subject to Zakat. If the individual has less than this amount, then he/she is exempt from paying Zakat. The Nisab is 20 dinars of gold (each dinar is 4.25 grams), which is equivalent to $1124 or £750 (based on recent market gold prices). Those considered as ‘minors’ or the

‘mentally insane’ do not have to pay Zakat themselves. However, Zakat is still due on their property and wealth and so their trustee or guardian can pay the Zakat, from their wealth, for them.

Gold, silver, money, livestock, agricultural products, articles of merchandise and inventories are subject to Zakat. Zakat is calculated base on the TOTAL amount of wealth owned at the end of the lunar year, not only the Nisab. Thus, the wealth subject to Zakat is the total amount that meets or exceeds the Nisab.

Also, if one has a halal business, then one should take an inventory every lunar year. You add to it the money/wealth one owns and then subtract the money/wealth one owes, and pay two and a half per cent (2.5%) as Zakat. Note: Fixtures, shelves, machines installed in the factory and business cars are not subject to Zakat. However, if the business entails car or machinery sale, then they would be subject to sale. Furthermore, the jewellery of a woman is not subject to Zakat unless it is an item of business. The scholars have agreed that jewellery made of precious stones or metals, other than gold and silver, is not subject to Zakat. Ash-Shu’bi, Tawoos, Malik, Ash-Shafi’I and Ahmad are in agreement on the above opinion. They have drawn their evidence from a narration by Imam Malik that Aisha(ra) looked after her orphaned nieces who used to wear jewellery and she did not pay Zakat on the jewellery. Imam Malik also narrated that Abdullah ibn Umar(ra) used to give his daughters and female servant’s jewellery made of gold and he did not pay Zakat on them.

The Zakat year (Hawl) is one lunar year starting from the time ones wealth reaches the Nisab. If the wealth drops below the Nisab any time during the year one should stop counting the days and start again the day the wealth reaches the Nisab. Once the total amount has stayed equal to or above the Nisab for one whole lunar year, then Zakat is due on this wealth at a rate of two and a half per cent (2.5%) of the amount owned at the end of the year.

With regards to the categories of people eligible for Zakat, Allah(swt) has specified eight categories of people in the Qur’an: "Alms are for the poor, the needy, the employees who administer the funds, those whose hearts have been recently reconciled to the Truth, those in bondage, those in debt, in the cause of Allah, and the wayfarer, (thus it is) ordained by Allah, and Allah is most Knowledgeable, most Wise." (Surah 9: at-Tawbah Verse 60)
Based on this latter ayah, the ways of spending Zakat funds can be classified into eight categories as follows:

  • For the poor (Fuquraa’) who do not have enough to take care of their basic needs.
  • For the needy (Masakeen) who have nothing.
  • For those employed to administer the funds by the State (Aamileena ‘alayhaa). An individual may not employ himself as an administrator of Zakat.
  • For those who are close to accepting Islam (Mu’allafati Quloobuhum). This category can only be applied in an Islamic State.
  • For freeing a Muslim person from slavery (Fir Riqaab).
  • For those who are in debt (Gaarimeen).
  • For Jihad (Fi Sabi Lillah). Note: Whenever the term ‘Fi Sabi Lillah’ (In the Path of Allah) is associated with spending (Infaaq) it means Jihad. It does not mean to spend anywhere one interprets to be the ‘Path of Allah’ (e.g. Schools, Mosques etc). If this were the case then mentioning the categories would become meaningless.
  • For the wayfarer (Ibn-as-Sabeel) who is stranded in a strange area without the financial ability to return home. Zakat could be used to assist their return home.

Aside from this it is preferable that Zakat be paid to the poor and needy among the relatives first.

Furthermore, there are categories of people who are not eligible to receive Zakat. They include the rich who have enough means to support themselves. And the healthy that are capable of earning a living unless they cannot find a job or their job does not provide enough to support themselves and their family. About these two categories, Abu Dawood narrated an authentic hadith where the Messenger Muhammad(saw) said: "Alms are not to be given to the rich or the well-built." The term ‘well-built’ conveys the meaning that one is able to work and support oneself. In addition Zakat cannot be paid to ones dependants that include the wife, parents, grandparents, children and grandchildren. And lastly, Zakat cannot be paid to a non-Muslim!

In conclusion, Zakat is an act of worship (Ibadah) and thus is considered a debt we owe to Allah(swt) and it should be paid when it is due without any delay whether there is an Islamic State or not. Zakat is like Salah: it is a must for all times and all places. If a person has neglected to pay Zakat for years with or without a legitimate reason, then the whole amount of Zakat, which was not given, should be paid immediately after proper calculation. Moreover, if there is no legitimate reason then the individual(s) should repent and seek the forgiveness of Allah(swt) alone.

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