Zakat on Jewellery
Question:
Assalamu Alaykum Mufti Saheb. I have a question about Zakat on gold. My in-laws gifted us jewellery when I got married and the gold was to be used in times of need in the future. The gold was never given to us to keep but always with my in-laws. A few years later. my husband and I were in debt and decided to sell the gold that was given to us to pay it off. My in-laws refused to give us thi gold but for a down payment on a future house. My question is about Zakat on this gold. Are we supposed to pay Zakat on this gold from when we were gifted it at the time of marriage> Is this gold really considered ours? My husband and I are still in debt and would be able to pay Zakat on it by selling a peice and giving that in Zakat, but we are not able to do that because of lack of possession/permissione. Jazakumullah Khair.
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
We apologize for the belated response.
In principle, Zakat is only Wajib (obligatory) on the Nisab (quantum) amount of Zakat which is in your complete and total possession (Qabdh Taam) and complete ownership (Milk Taam).
With regards to your specific question, you state that your in-laws gifted you and your husband jewellery which you nor did your husband take complete possession. Therefore and based on our understanding, since you did not take possession of the jewellery as a gift, then the hibah/gift was not executed as per the shariah laws of hibah/gifting. Moreover since you do not have complete possession (Qabdh Taam) of the jewellery, then Zakat is not Wajib (obligatory) on your and your husband.
And Allah Ta’āla Knows Best
(Mufti) Ismail Desai
Chairman of Shariah Board and Fatwa Committee,
Darul Iftaa, Durban, South Africa
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and Allah Ta'ala Knows Best
(Mufti) Ismail Desai
Chairman of Shariah Board and Fatwa Committee
Darul Iftaa, Durban, South Africa
Disclaimer The views and opinions expressed in this answer belong only to the author and do not in any way represent or reflect the views of any organizations to which he may be affiliated with. The opinions and educational information proffered in this communication are based on the jurisprudential understanding and available knowledge of the author. Given that contemporary issues and interpretations of contemporary issues are subjective in nature, another scholar may reach different juristic inferences and conclusions to those as expressed by the author. Whilst every effort has been taken to ensure total academic integrity and honesty, the author is open to corrective measures based on sound academics and juristic inferences. The Shari’ah ruling given herein is based specifically on the specific scenario in question. The author bears no responsibility towards any party that acts or does not act on this answer and is exempted from any and all forms of loss or damage. This answer may not be used as evidence in any court of law without prior written consent from the author. Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
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