Fatwa ID: 08861

 

 

Answered by: Mufti Sibghat Ullah

 

Question:

 

My father left a home as inheritance for us. Some of the family members resided and continue to reside in it (my mother, a sister, my brother) and some of us (myself, 2 sisters) reside elsewhere. 

 

We assumed at the time of his passing that at some time in the future we will sell the home. However, currently we do not plan to as we don’t want to force those living there out. 

 

Do the members who reside elsewhere

 

1. Owe zakat on their respective shares?

 

2. Does it need to be paid immediately, or can it be postponed considering they do not have possession of the inheritance?

 

 

 

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

 

 

Answer:

 

Family used property which is not intended for sale is not subject to zakat. Zakat will be due on the income if it is derived from the property, provided it exceeds nisab and is held for a lunar year[i].

 

To conclude, in the current situation, you and your family members will not pay zakat on the house.

 

 

 

References:

 

[i] Radul Mukhtar, Book of zakat, Vol 3, Maktabat ul Waheediya

اوسببها (الزكوة) مِلك نصاب حولى تامٌ

Or the reason for it (Zakat) is the possession of a complete year.

 

 

 

 

Only Allah knows best.

Written by Mufti Sibghat Ullah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham