Fatwa ID: 06664
Answered by: Muftiyah Habiba Akhtar
Question:
Facts:
- I am residing in Saudi Arabia with my family (wife, 2 kids) for the sake of a job.
- I do not own a house or plot anywhere. I am living in a rented house in Saudi Arabia.
- I do not own a car in Pakistan but I do own a car in Saudi Arabia.
- My wife has gold ornaments for her regular use but we do not own any gold bought with intentions of investment or saving.
- I have a bank balance which can be considered as NISAB.
- I have no liabilities/loans, whatsoever, on a regular basis.
- I have regular expenses (for example, house rent, petrol, family expenses, kids’ education etc.).
- I have to send money to my parents in Pakistan.
Questions:
- Do I have an obligation to pay zakat? Is it farz on me, keeping in view, especially, fact no. 2 above?
- I have been paying it in recent years but last year, during the day in which I calculate zakat, I was jobless. So, due to the uncertainty of the future, I did not pay zakat. If your answer to my question #1 is YES, then should I pay zakat for the previous year as well?
- If your answer to question#3 is YES, should I calculate zakat separately for last year or I can calculate for this year and it will cover last year as well?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Zakat is one of the five pillars of Islam.
Definition of the term. ZAKAT, in its primitive sense, means purification hence it is also used to express a contribution of a portion of property assigned to the use of the poor, as a sanctification of the remainder to the proprietor.
ZAKAT is an ordinance of God, incumbent upon every person who is a free, sane, adult and a Muslim, provided he be possessed, in full propriety, of such estate or effects as are termed in the language of the law a Nisab, and that he has been in possession of the same for the space of one complete year
(Al Hedaya, page 1, Kitaab Bhavan)
Zakat is giving 2.5 % of your wealth as described by the extract above for the wealth of a certain threshold that stays with you for a year to the poor.
So, the requirements of those who are obliged to pay Zakat are:
- Free
- Sane
- Of Maturity
- Muslim
- Possess the threshold amount for one year
The payment of Zakat is not lawful except under an intention existing at the period of such payment ((Al Hedaya, page 3, Kitaab Bhavan)
Those who do not meet the requirements are not obliged to give Zakat, such as:
“Not from the one who is a debtor* – Zakat is not due upon a man against whom there are debts equal to or exceeding the amount of his whole property”.
(Al Hedaya, Page 2, Kitaab Bhavan)
Zakat Nissab is measured in two ways:
Nissab of Gold and Nissan of silver.
“As of today’s Nissab rate (2020):
The nisab is the minimum amount of wealth a Muslim must possess before they become eligible to pay Zakat. This amount is often referred to as the nisab threshold.
Gold and silver are the two values used to calculate the nisab threshold. The nisab is the value of 87.48 grams of gold or 612.36 grams of silver.
Nisab Value (as of 06/05/2020):
Using the value of silver (612.36 grams) – approximately £240.05
Using the value of gold (87.48 grams) – approximately £3,868.37
Today, the wealth we possess whether it is money, gold or silver, is equivalent to the nisaab of silver is used.
So, in response to your query, after excluding the living expenses and debts, if there remains wealth that amounts to the above Nissab (£240), then the Muslim is payable to Zakat.
The exclusion of Living expenses is discussed below:
‘nor upon the necessities of life (Al Hedaya, Page 2, Kitaab Bhavan)
The statement of 2.5% upon 200 dirhams (The Silver Threshold) is applied to the Wealth the people possess as Nissab.
The silver nisaab threshold is relatively smaller and more achievable by the believers than the nisaab of gold. Therefore, if you meet the above threshold and requirements – you would be eligible for Zakat.
It’s important to bear in mind that you pay Zakat for what you possess of the nisaab threshold or above for an entire years amount as explained before and each year, you are obligated to pay that. This nisaab threshold applies to wealth which can be the money you earn or the gold and silver you possess. So, as the nisaab threshold is quite low, one doesn’t have to be a homeowner or a car owner (which are considered necessities) to be liable for Zakat but must simply have met the threshold of the nisaab whether it’s with what money you earned that year or with what money you simply had with you across an entire year – if it met the nisaab threshold, then you are liable for Zakat.
Therefore, I would suggest that an effort is made to pay the Zakat of the missed year if you did meet the nisaab threshold and met the requirements of being eligible for Zakat (which is discussed above) and that it can be paid alongside the new year Zakat as long as they were calculated appropriately for each year.
Only Allah knows best
Written by Muftiyah Habiba Akhtar
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
