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Types of zakat

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  • Types of zakat

    We know zakah as one of five pillars in Islam, which in Al Quran is often linked to shalat. Etymologically, the word zakah could mean pure, good, bless, grow, or develop. According to syariat terminology, zakah refers to wealth that has satisfied certain conditions that has been ordained by Allah to be spent and given to rightful recipients, who also have to satisfy certain conditions. The relationships among the meanings of the word zakah are clear that all properties whose zakah have been paid will be purified, cleaned, better, blessed, will grow and develop (At-Taubah:103 and Ar-Rum:39)

    In principle, there are 2 types of zakat:

    ZAKAT AL MAL
    Zakat al Mal is paid on accumulated wealth over a year. So it’s not based on earnings like income tax. Instead, the amount to be paid is based on whatever amount of wealth a person has in their possession. This would usually entail savings, gold and silver jewelry, stocks, produce, cash, livestock, etc.

    Muslims then must pay 2.5% of this accumulated wealth as Zakat. But not all Muslims are required to pay Zakah. Those people that fall below a certain wealth threshold, called Nisab, are excused.

    ZAKAT AL FITR
    Zakat al Fitr, This must be paid by all Muslims with enough food for one day.

    It is a self-imposed zakat on each individual Muslim male and female who are capable of with the set conditions.

    CONDITIONS OF ZAKAT FITRAH
    Muslims who are obliged to issue zakat fitrah for themselves and their families or dependents are:

    • Individuals who have a surplus of food or property from their dependent needs at night and mornings.
    • Children who born before the sun fall at the end of Ramadan and live after sunset.
    • Embrace Islam before sunset at the end of the month of Ramadan and its Islamic endurance.
    • Someone who died after the final sunset of Ramadan

    PAYMENT METHODS OF ZAKAT FITRAH
    The method of payment of zakat fitrah is defined as the food of a filling kind.

    This is explained in the hadith of Rasulullah s.a.w narrated by Abu Said al-Khudry means:

    Abd Sa’id al-Khudri reported:

    “We, on behalf of every young or old, free man or slave (amongst us), used to take out during the lifetime of the Messenger of Allah (ﷺ) as the Zakat of Fitr one sa’ of grain, or one sa’ of cheese or one sa’ of raisins. And we continued taking out these till Mu’awiya b. Abu Sufyan came to us for pilgrimage or ‘Umra, and addressed the people on the pulpit and said to them: I see that two mudds of zakat out of the wheat (red) of Syria is equal to one sa’ of dates. So the people accepted it. But Abu Sa’id said: I would continue to take out as I used to take out (before, i e. one sa’) as long as I live. ” (Sahih Muslim)

    ZAKAT FITRAH RATE
    Fitrah rate is a Baghdad bushel equivalent to 2.70 kg of rice or its value. This rate is based on the provisions of the Pihak Berkuasa Agama Negeri-Negeri.

    TIME TO PAY ZAKAT FITRAH
    The payment of zakat fitrah is divided into 5:

    • Mandatory
      When the sun sets at the end of Ramadan until the sun rises to one of Shawwal.
    • Afdal
      Before the Aid Prayer
    • Recommended
      Throughout the month of Ramadan
    • Makruh
      After the festive prayers until sunset a Syawal.
    • Illegal
      After sunset one Shawal.
    Concepts and terms related to zakah include:

    Muzakki
    Person who are obliged to paid zakah because they have wealth or properties that are subject to zakah

    Mustahiq
    Rightful recipients of zakah because they are included as one of those mentioned in Al-Quran as the recipients of zakah

    Amil
    A person or body or organisation that are specialised in managing zakah, infaq, and shadaqah

    Nisab
    The minimal amount of wealth or properties that are subject to zakah. Wealth or properties that are less than nisab are not subject to zakah

    Haul
    For some kinds of wealth or properties, zakah is applied only when they are owned more than a certain period. This period is called haul.

    Infaq
    Etymologically infaq means to spend wealth for a certain purpose. Included in this meaning is the infaq given by kafir (QS 8:36). According to syariah terms, infaq means to spend wealth for a certain purpose as guided by Islam.

    Munfiq
    The person who gives infaq

    Shadaqah
    Etymologically shadaqah means correct. According to syariah terms, shadaqah means a good deed, not only but including spend some wealth/properties to and only to seek ridha from Allah swt, as an evidence of one’s iman.

    Mushaddiq
    The person who gives shadaqah

    The distinction between zakah, infaq, and shadaqah is defined as follows. Zakah and infaq always in the form of wealth or properties, whereas shadaqah is not always in the form of wealth or properties, but can also be good deeds, such as smiles, nice speech, etc. Zakah (mal) is only mandatory to those who has wealth above their means. Infaq could be mandatory to those has wealth above their means, but it could also be sunnah, which can be paid anytime by those who has wealth above their means as well as those who are not, as an evidence of people who are taqwa (QS 3:133-134).


    Other Types Of Zakat

    ZAKAT ON DEBTS
    Debt

    Definition: It is owed money to be paid by a debtor.

    RULING CONCERNING ZAKAH TO BE PAID ON A DEBT OWED BY THE PAYER OF ZAKAH
    If a person’s debt is more than his property which is considered for the Nisab, or it reduces his property so that it is short of the Nisab, he does not pay Zakah; Zakah is no longer mandatory on him. However, when his debt, after deduction, does not make his property short of the Nisab, then the equivalent of his debt must be subtracted from his property, and Zakah paid on the remainder.

    For example; if an individual possesses $10 000 and he is in debt up to the tune of $10 000, Zakah is not mandatory on him. This is because the debt overshadows the Nisab. This is also the case if he owes $9 950. In this case he does not pay Zakah because the amount he owes has reduced his property so that it is short of the Nisab. However if he is in debt for $4 000, he is required to deduct this amount from his money, then $6 000, on which his Zakah is compulsory, will be the remainder.


    This is only the case if the debtor did not use the debt for trade, such as if he buys a house that he will pay off in installments over a few years, or use the debt to purchase machines worth millions to start a huge project. As a trader might decide to expand his work and thus he buys a new production line for a few millions, which he adds to the one he already has. Do these investment debts lead to dropping Zakah from the assets as well?

    To say that it does drop the Zakah would mean that there would be a loss of large sums of money from Zakah due to the poor, and may end in the opinion that many of the contemporary traders are not subject to paying Zakah. The Second Symposium on Contemporary Zakah Issues held in Kuwait in Thul Qi’da 1409 Hijra – June 1989 Gregorian concluded that:

    First: All debts that finance commercial work are deducted from assets upon which Zakah is compulsory if the debtor does not have fixed assets that are more than his basic needs.

    Second: Investment debts that finance industrial projects – exploited assests – are deducted from assets upon which Zakah is compulsory if the debtor does not have fixed assets that are more than his basic needs, in a way that makes the deduction a substitute for the debt. If those investment debts are deferred, the demanded annual installment should be deducted from the assets upon which Zakah is obligatory. If these goods exist, then they are considered as replacing the debt, if their value is enough. In that case the debts are not deducted from the assets upon which Zakah is compulsory. If, however, they are not enough to pay off the debt, the remaining sum is deducted from the assets upon which Zakah is compulsory

    Third: For deferred housing loans which are usually paid in long-term installments, a debtor pays Zakah on the money that remains from what he has after deducting the annual installment required of him, if the rest makes a Nisab or more.

    RULING CONCERNING ZAKAH TO BE PAID ON A DEBT OWED TO THE PAYER OF ZAKAH
    1- If he foresees an impossibility of the redemption of the loan, for instance as a result of the debtor being bankrupt or denying the debt, then the creditor (payer of Zakah) is not liable to pay Zakah every year on this amount. What he does is pay Zakah for one year, once he recovers the loan.

    2- If he does not foresee any impossibility of its redemption, for instance if the debtor does not procrastinate or show any signs of postponement regarding the payment of the loan as he intends to pay it, then the creditor (payer of Zakah) is liable to pay Zakah on it every year. This is because it is considered as if the money is in his custody.

    ZAKAT ON BONDS
    Bond

    This is a certificate obligating its issuer to pay its bearer a specified amount, when due, in addition to an agreed upon interest payable in accordance with the face value of the bond.This is clear usury and it is forbidden; because it is indeed the accruement of interest from loans. Bonds are generally forbidden, because it is a loan with a specified interest, and anybody dealing in bonds should turn in repentance to Allah, the Most High.

    RULING CONCERNING THE ZAKAH ON BONDS AND ITS MEASURE
    Bonds are deferred debts due to their bearer from the authority that has issued them, consequently Zakah on bonds is judged in the same manner as the ruling on Zakah on debts. Zakah becomes mandatory on it when it attains the Nisab on its own, or when other things owned by the payer e.g. currencies or commercial commodities, are added to it and a full year lapses on it. In such a case a quarter of one-tenth is paid . When the bond is not yielding except till after some period, Zakah is not waived but it is paid whenever the bond is due, paying the arrears of all the past years.

    ZAKAT ON END OF SERVICE REMUNERATION, RETIREMENT REMUNERATION AND PENSION
    End of Service Remuneration

    Definition: This is an amount of money that a worker is entitled to collect from his employer at the end of his service, according to the dictates of the laws and regulations, and when the sti****ted conditions are met.

    Retirement remuneration

    This is an amount of money that the government or organizations pay to employees or workers who are covered by laws of social insurance, when he or she does not fulfil the desired conditions to be entitled to a pension.

    Pension

    This is an amount of money that an employee or a worker is entitled to, on a monthly basis, from the government or an organization after completion of service, according to the application of the laws and regulations, and when sti****ted conditions are met.

    ITS RULING
    Zakah is not obligatory on these dues while the employee or worker is still in service, because there is no complete ownership that warrants the obligation of Zakah. As he can neither spend from it nor exercise any of the ownership rights on it during his service years.

    When the decision for the evaluation and payment of these dues to the employee or worker, at one time or spread out over a period of time, is made, then his ownership of these dues becomes complete and he pays Zakah on whatever he collects, just as he pays Zakah on the money he owns and benefits from.

    It was stated in the first Zakah conference that any benefit money is subject to Zakah and should be added to the money the payer of Zakah has when considering the Nisab and Hawl (lapse of one lunar year).[ Qada’ya Fiqhiyyah Mu’asirah [Contemporary Matters of Islamic Jurisprudence] by Dr. Salaah As-Saawii, page 58.]

    ZAKAT ON EXPLOITED ASSETS
    Exploited assets

    All that is intended for rent and is not intended for trade in itself, such as real estate, cars, and production plants and the like

    Scholars agreed that no Zakah is due on the actual assets, but its yield is subject to Zakah. Yet it is added to the money the owner has and to trade goods to calculate the Nisab and Hawl.

    A quarter of a tenth should be paid as Zakah for the total amount, as is the case for Zakah of currencies. [Qada’ya Fiqhiyyah Mu’asirah [Contemporary Matters of Islamic Jurisprudence] by Dr. Salaah As-Saawii, page 58.]

    ZAKAT ON SECURITY DEPOSIT
    Security Deposit

    Definition: It is money paid in advanced by a leaseholder to the landlord (to ensure the rented object is returned in a good condition).

    Zakah is not mandatory on the leaseholder, because it (the money in question) is not in his possession and there is no full claim of ownership, which is a condition for the obligation of Zakah.[ Qada’ya Fiqhiyyah Mu’asirah [Contemporary Matters of Islamic Jurisprudence] by Dr. Salaah As-Saawii, page 60.]

    ZAKAT ON INTANGIBLE ASSETS
    Intangible assets

    This is an authority belonging to an individual over an abstract entity, whether this is an intellectual product e.g. an author’s right on published works of science and arts, a patent granted for works of industrial invention, or benefit from trade adverts that a trader uses to attract clients, such as trade names and trademarks.

    RULING CONCERNING INTANGIBLE ASSETS
    Intangible assets, as it is now known, have a monetary value that is recognised by Shari’ah. Thus, spending from it is permissible according to the guidelines of the Shari’ah. Furthemore, it is safeguarded and it is not permissible to transgress against it.

    However, Zakah is not mandatory on the copyright or patent, when considered on its own, because it does not fulfil the conditions of Zakah; but when it yields returns, these are treated as money he owns and benefits from.[ Qada’ya Fiqhiyyah Mu’asirah [Contemporary Matters of Islamic Jurisprudence] by Dr. Salaah As-Saawii, page 60.]

    ZAKAT ON WAGES, SALARIES AND PROFITS FROM FREELANCE WORK
    Wages and salaries
    Remuneration that a worker receives as payment in compensation for his work.

    ITS RULING
    Zakah is not paid for these moneys when taking possession of them. Rather they are added to his other moneys that are subject to Zakah and then Zakah is given out for all the moneys when the Hawl has passed, beginning ffrom when the Nisab was completed. Whatever benefit he receives from this money during the Hawl, Zakah will be paid for that too at the end of the Hawl, even though the Hawl is not complete for each and every part of these moneys, so long as a Hawl has passed over the ownership of the money as a whole for the one who pays Zakah. The value that should be paid is a quarter of a tenth, 2.5%.

    ZAKAT ON ILL-GOTTEN WEALTH
    Ill-gotten wealth

    It encompasses all that Islamic Law makes forbidden to possess or make use of, whether that wealth was forbidden for being harmful or evil, such as dead meat (dead animals which were not slaughtered according to requirements of Islamic Law) and wine, or is forbidden for an external reason, such as being earned in a defective method, like being taken from its owner without his permission, by force for instance, or taken from him in a manner not approved by Islamic Law – even if it is with his consent- such as through usury and bribery.

    RULING CONCERNING ZAKAH ON ILL-GOTTEN MONEY
    Wealth which is forbidden in itself, such as alcohol and pork, is not subject to Zakah, because it is not considered wealth that has any value in Islam. Such wealth must be disposed of in the manner prescribed by Islamic Law for that wealth.

    – Concerning wealth which is forbidden for an external reason, which is earned through a defective method, it is not obligatory for the rightful owner to pay Zakah for it due to the absence of the full ownership condition which is needed to make the wealth subject to obligatory Zakah. If, however, it returns to its rightful owner, he must pay Zakah for one year, even if years have passed, according to the chosen opinion.

    – The holder of the forbidden wealth is still considered as possessing it if he does not return it to its rightful owner and he has to pay the Zakah due on it, but the sin for taking it remains for what wealth remains with him, and him paying Zakah on the wealth would be considered as part of the religious obligations due on the money/property.

    The money he paid out will not be considered as Zakah which he would be rewarded for, nor will this discharge him of the sin of taking it unless he returns all the wealth to its rightful owner, if he knows him,[ Qadhaaya Fiqhiyyah Mu’asirah pg 61 and ff.]

    INSTRUCTIONS (HOW TO DISBURSE OF ILL-GOTTEN WEALTH)
    1- The possessor of ill-gotten wealth, due to the method he gained it, is not the owner, no matter how long he possessed such wealth. Moreover it is compulsory for him to return it to its rightful owner or (the owner’s) inheritor – if he knows him. If finding the legitimate owner proves unsuccessful, it is compulsory for him to spend it in charity to be free of it – with the intention of the charity being on behalf of the owner.

    2- If one takes money as payment for work which is prohibited, he has to spend it in any charitable way but he must never return it to whomever he took it from, for that may involve helping another to commit a sin, and also so that the employer does not gather money that would allow him to employ someone to do a job which is prohibited.

    3- Ill-gotten wealth is not to be refunded to the person it was taken from, if the person is adamant and bent on continuing in the prohibited dealings that led to the wealth being haram in the first place, e.g. benefits accruing from usury. This wealth should be spent on charity as well.

    4- If returning the actual ill-gotten wealth proves difficult, it is mandatory on its possessor to return its equivalent, or value, to its rightful owner if he knows him, or else to spend its equivalent, or value, as charity with the intention of the charity being on behalf of its owner. [ Qadhaaya Fiqhiyyah Mu’asirah pg 61 and ff.]

    Who Receives The Zakah?
    Zakah cannot be paid to just any charitable cause. The recipients of Zakah are made clear in both the Quran and the statements of Prophet Muhammad, peace be upon him.Zakah can be given to people in the following categories:

    • The Poor – Those who are definitely poor and ask for help
    • The Needy – Those who are poor, but do not ask for help
    • Those employed to administer the Zakah
    • Newly converted Muslims
    • Slaves
    • Those in debt
    • Wayfarers – Travelers who are cut off from their own resources
    • Those in the path of Allah – Muslims who are fighting or teaching for Allah
    Of course, it is permissible to give charity to causes or organizations beyond those listed above. Muslims are encouraged to give voluntary charity, or sadaqah, whenever they can. But only those who fit into the above categories can actually receive the yearly Zakah payments.

    ZAKAH IS AN OBLIGATION ON ALL MUSLIMS
    Finally, I must make it clear that Zakah is an obligation. Those who can pay the Zakah, and deliberately neglect it, are committing a major sin and may fall out of Islam.

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