Fatwa ID: 06615
Answered by: Maulana Abdul Malik
Question:
I read your answer that Zakat will be necessary for the funds but one won’t need to give it until one has turned 18. Just out of curiosity, if the person who hasn’t turned 18 yet passes away, does he/she need to make a bequest or are family members obliged to pay it from the deceased’s wealth? Or will the person be forgiven as the money was not reachable?
Also, will frozen bank accounts in other countries also have the same ruling that one does not need to pay until one can access the funds?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
What can be understood from the above-mentioned scenario is that an individual owns wealth which zakat can be levied upon, however, the wealth will not come into their possession until they reach 18 years old.
It is important to note that the conditions for Zakat becoming mandatory is having complete control over the wealth, and that is to have ownership and possession. If one has ownership of the wealth and not possession or possession and not ownership then Zakat will not be mandatory. (Fatawa Hindiyyah, pg 189, vol 1)[1]
With regards to your question, if Zakat was compulsory for the deceased and he did not pay his Zakat. If he made a Wasiyat (bequeath), it will be compulsory for the heirs to take out a maximum of one-third of the deceased’s estate to pay the Zakat. (Jawharat al Nira ala Mukhtasar Quduri, pg 641, vol 2)[2]
However, if the deceased did not make a Wasiyat (bequeath), it would be recommended for the heirs to mutually agree amongst each other to pay the Zakat on behalf of the deceased for the years owed.
Lastly, yes, frozen Bank accounts in foreign countries will have the same ruling mentioned above.
One will calculate the Zakat on the funds and delay payments until the money is accessible. Because both ownership and possession of wealth are needed for zakat to become compulsory.
In conclusion, both ownership and possession are needed for Zakat to be compulsory on wealth. If a person has ownership of wealth without possession they will calculate the Zakat on the wealth and pay for the years missed Whenever the wealth comes into their possession.
If a person died without discharging their Zakat but left a bequeath for it to be discharged it will be taken from one-third of their estate if not it would be good for the heirs to discharge the Zakat on behalf of the deceased.
[1] و منها الملك التام: و هو ما اجتمع فيه الملك واليد و أما إذا وجد الملك دون اليد كالصداق قبل القبض أو وجد اليد دون الملك كملك المكاتب والمديون لا تجب فيه الزكاة كذا في السراج الوهاج
[2] قوله: (و من أوصى بوصايا من حقوق الله تعالى قدمت الفرائض منها سواء قدمها الموصى أو أخرها مثل الحج والزكاة والكافرات) لأن الفريضة أهم من النافلة، والظاهر منه البداية بما هو الأهم بحسن الظن به، فإن كانت الفرائض كلها متساوية في القوة بدأ منها بما قدمه الموصي إذا ضاق الثلث عن جميعها.
Only Allah (عز و جل) knows best.
Written by Maulana Abdul Malik
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
