Fatwa ID: 08016

Answered by: Mawlana Abdurrahman Mohammad

Question:
Our Zakaah is calculated in Ramadan each year, which includes Gold jewellery.
My wife and I are currently living separately. We are in Nikaah. Till last year, I have been paying the Zakaah on the gold jewellery that is in her possession and which belongs to her.
My wife is currently on state welfare.
My wife objects to paying the Zakaah as she claims we are in nikaah and it to be my responsibility as her husband, that I paid since our marriage and till last year, and her Zakaah of the same would not be accepted as the money would be disposed from her state welfare income.
Our question is, who is responsible to pay the Zakaah on the gold jewellery; myself or my wife, and would this be any different whether if we live together or not?

In the name of Allah, the Most Gracious, the Most Merciful

Answer:
Zakat is one of the five pillars of Islam and is obligatory on every believing man and woman when they meet the following requirements:
Zakat is obligatory on a free, sane, adult Muslim if he owns the nisab in full and a year has passed.)[1]

If your wife owns Nisāb in gold and maintains Nisāb for one year, she would be obligated to pay Zakat on that gold. She can designate you as her agent (Wakeel) to pay Zakat on her behalf, but you are not obligated to accept this responsibility and pay out of your own pocket.
If one delegates someone to pay zakat, their intention is sufficient when paying it to the agent. If he does not intend it [Zakat] when delegating [someone] and intends it [Zakat] when paying the agent, it is permissible.[2]

Only Allah (عَزَّ وَ جَلَّ) knows best.
Written by Mawlana Abdurrahman Mohammad
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham

References:

[1] (الزَّكَاةُ وَاجِبَةٌ عَلَى الْحُرِّ الْعَاقِلِ الْبَالِغِ الْمُسْلِمِ إذَا مَلَكَ نِصَابًا مِلْكًا تَامًّا وَحَالَ عَلَيْهِ الْحَوْلُ)

(Al-Fath Al-Qadeer, vol. 2, pg. 153, Maṭba’ah Mustafā Al-Bābī Al-Halabī)

[2] إذَا وَكَّلَ فِي أَدَاءِ الزَّكَاةِ أَجْزَأَتْهُ النِّيَّةُ عِنْدَ الدَّفْعِ إلَى الْوَكِيلِ فَإِنْ لَمْ يَنْوِ عِنْدَ التَّوْكِيلِ وَنَوَى عِنْدَ دَفْعِ الْوَكِيلِ جَازَ كَذَا فِي الْجَوْهَرَةِ النَّيِّرَةِ وَتُعْتَبَرُ نِيَّةُ الْمُوَكِّلِ فِي الزَّكَاةِ دُونَ الْوَكِيلِ

(Al-Fatāwā Al-Hindiyya, vol. 1, pg. 171, Al-Maṭba’ah Al-Kubrā Al-Amīriyyah)