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I have invested R30 000 of my personal savings in the Albaraka Equity Fund. This investment was made in July 2007. I would like to know if I am required to pay zakaah now on this amount. PDF Print E-mail

Q: 37 – Title: I have invested R30 000 of my personal savings in the Albaraka Equity Fund. This investment was made in July 2007. I would like to know if I am required to pay zakaah now on this amount.

Question

As-salaam-u-alaikum

I have invested R30 000 of my personal savings in the Albaraka Equity Fund. This investment was made in July 2007. I would like to know if I am required to pay zakaah now on this amount. Jazaakallah

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

Hereunder are some basic rules of Zakaat:

Zakaat will be wajib (compulsory) upon a person who possesses the amount of nisaab, over and above his basic needs, and this wealth remains in his possession for a complete lunar year. The fluctuation of nisaab during the course of the year will not be taken into consideration. Zakaat will be calculated on the wealth he possesses at the end of the year.

If a person possesses the full nisaab and also has debts which are equal to the nisaab, zakaat will not be wajib upon him. Similarly, if the debts are such that if he were to fulfil his debts the remainder of the wealth will be less than the nisaab, then too zakaat will be wajib upon him.

( وسببه ) أي سبب افتراضها ( ملك نصاب حولي ) نسبة للحول لحولانه عليه

( قوله : نسبة للحول ) أي الحول القمري لا الشمسي

( قوله : لحولانه عليه ) أي لأن حولان الحول على النصاب شرط لكونه سببا ، وهذا علة للنسبة

(Radul Muhtar Vol. 2 Pg. 259 – H.M. Sa’eed Company)

هي تمليك مال مخصوص لشخص مخصوص فرضت على حر مسلم مكلف مالك لنصاب من نقد ولو تبرا أو حلييا أو آنية أو ما يساوي قيمته من عروض تجارة فارغ عن الدين وعن حاجته الأصلية ولو تقديرا . وشرط وجوب أدائها حولان الحول على النصاب الأصلي وأما المستفاد في أثناء الحول فيضم إلى مجانسه ويزكي بتمام الحول الأصلي

(Hashiyat-u-Tahtawi ‘ala Maraqil Falah Pg.715 – Darul Kutub Al Ilmiyyah)

Bahishti Zewar Pgs: 22-27 (Maktabah Thanvi Deoband)

Under the light of the above-mentioned, you are required to pay zakaat on the R30000 you have invested in the equity fund, if this amount is over and above your basic needs and you don’t have debts that engulf this amount.

We have not commented on the amount acquired from the equity fund as it was not asked in the query. However, find attached our views regarding the Al Baraka equity fund.

And Allah knows best

Wassalam

Ml. Abu Yahya,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah

 

 
I have student loans of $9,000, I also own 40 tolas of gold. I am I eligible to pay Zakat?..Qurbani?? PDF Print E-mail

Q: 36 – Title: I have student loans of $9,000, I also own 40 tolas of gold. I am I eligible to pay Zakat?..Qurbani??

Question

(1) I have student loans of $9,000, I also own 40 tolas of gold. I am I eligible to pay Zakat? My husband owes me $5,000 as mehr does he need to pay zakat on that and he also has $2,000 credit card debt.

(2) Under these circumstances do we need to give Qurbani, by the Eid we would still have the same amount of debt.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

Zakah is due upon a person when he or she becomes the owner of wealth and after a year elapses on it and after deducting the debts it is equal to the amount of nisab.  You stated you have 40 tola of gold.  You did not state if you have any other wealth, therefore we will assume this is the total wealth owned by you.

1 tola = 11.664 g

7.5 tola = 87.48 g

40 tola = 466.56 g

1 grams = $25.51 (www.goldprice.org for Oct 31, 2007)

87.48 g = $2231.61

466.56 g = $11,901.46

The value of nisab of gold in U.S. Dollars is $2231.61.  The value of 40 tola gold is $11,901.46.

You stated that you have a student loan due upon you.  Student loans are long-term loans and only one year’s payment will be considered as debt.  Therefore, you will deduct the amount of one year’s payment from $11,901.46.  What ever remains, 2.5% zakah will be due upon it.

As for your husband, the mehr due upon him will only be taken into consideration if the husband is making effort to save money and plans to pay off the mehr.  If he does not plan to pay the mehr, even though it’s compulsory upon him, then it will not be deducted from wealth as a debt when calculating zakah.  After deduction the $2,000 of credit card debt from his total wealth, if what ever remains is equal to nisab, zakah will be due upon it.

Fatawa Mehmoodia (9/320) Jamia Farooqia

Hashiya al-Tahtawi ‘ala al-Durr al-Mukthar (1/391) al-Maktaba al-Arabiya

(قوله المؤجل) وقيل المهر المؤجل لايمنع لانه غير مطالب به عادة بخلاف المعجل وقيل ان كان الزوج عزم على الاداء منع والا فلا لانه لا يعد دينا بحر عن غاية البيان (حاشية الطحطاوى على الدر المختار)

The issue of qurbani is slightly different.  Qurbani becomes obligatory upon a person who owns the amount of nisab on the day of Eid al-Adha.  All wealth including household items that are not necessities will be taken in to consideration in calculating the amount of nisab.  The elapsing of one year on the wealth is not a prerequisite.  After the deduction of debts, if the amount of wealth equals to nisab, qurbani will be obligatory.

Fatawa Mehmoodia (9/616) Jamia Farooqia

Majma’ al-Anhur

( وإن لم يكن ) النصاب ( ناميا ) وكدار لا تكون للسكنى ولا للتجارة ، ولو كان له دار واحدة يسكنها وفضلت عن سكناه يعتبر الفاضل إن كانت قيمته نصابا وكذا ما فضل عن الثلاثة من الثياب للشتاء والصيف وعن فرسين للغازي وفرس وحمار للغير وعن نسخة واحدة من مصنف من كتب الفقه لأهلها واثنين من التفسير والحديث الواحد من المصاحف وفي الخلاصة لو كانت له كتب إن كانت كتب الطب والنجوم والأدب يعتبر نصابا ولا يخالف ما في الزكاة ؛ لأن في هذه المسألة روايتين فمشى في باب الزكاة على رواية . وفي باب الفطر على أخرى ، ولو كانت له دور وحوانيت للغلة وهي لا تكفي عياله فهو من الفقراء على قول محمد خلافا لأبي يوسف وعلى هذا الكرم والأرض ولا يعتبر ما قيمته نصاب من قوت شهر بلا خلاف عندنا . وقال الشافعي تجب على كل من يملك زيادة على قوت يومه لنفسه وعيال (مجمع الانهر)

If you financial situation remains the same until Eid, qurbani will be obligatory upon you.  If your husband on the day of Eid al-Adha owns the amount of nisab after the deduction of debts, then qurbani will be obligatory upon him as well.

And Allah knows best

Wassalam

Ml. Ehzaz Ajmeri,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah

 

 
I have 10g of Jewellary of my Daughter which is gifted to her by her Grand parents, she is one year old, should I add this to my jewllar for the Zakath paymen? PDF Print E-mail

Q: 34 – Title: I have 10g of Jewellary of my Daughter which is gifted to her by her Grand parents, she is one year old, should I add this to my jewllar for the Zakath paymen?

Question

I have 10g of Jewellary of my Daughter which is gifted to her by her Grand parents, she is one year old, should I add this to my jewllar for the Zakath payment or, later I  buy a jewellary for her which comes to the nisab level and at that time she is not an audaul what is the rulling Regarding  the Zakath payment. Kindly answer this.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

Your child is a minor and she is the owner of the jewellery. She is not required to pay Zakaat.You need not add her jewellery to yours for Zakaat purposes

And Allah knows best

Wassalam

Mufti Imran Hatia
Darul Iftaa, Madrassah In'aamiyyah

 

 
I have conventional offset mortgage on my property in which I live ... PDF Print E-mail

Q: 35 – Title: I have conventional offset mortgage on my property in which I live ...

Question

1- I have conventional offset mortgage on my property in which I live (offset means-  my savings of 30,000 pounds is used to offset my mortgage loan of 270,000 so the mortgage effectively becomes of 240,000 ( 270,000 – 30,000). Also, I don’t get any interest money on my savings of 30,000. I pay mortgage of 2000 pounds per month. So, Do I have to pay Zakat on 30,000 savings although it is ultimately going towards my current house mortgage loan. And if yes, should I deduct (2000x12 month =) 24000 from it before calculating zakat
2- I have another 10,000 pounds ( separate saving stock) , I believe I have to pay zakat on it even though I have mortgage of 270000 ( effectively 24000 as mentioned in Q1)
3- I have another house in which I stayed till july 06. I have let it to tenants now. The outstanding mortgage on it is 155,000. It was recently evaluated at 225,000.  I pay mortgage of 700 pounds/ month on it. And I receive rent of 750 pounds/ month.
a- should I pay zakat on (225000-155000) = 70000
b Should I deduct ( 700 x12 month) 8400 from it before calculating zakat
c- what about the rent
4 – I have another house back home worth 30000 pounds (no mortgage) do I have to pay zakat on 30000 pounds.
5- I have a brother (30 years) who is unmarried and stays with my parents. So his daily expenses are met. There is one more property in his name from which he gets 15000 Rupees/ month. He is not working. Can I then give zakat money to him every year.
6- can I give zakat money to a hospital back home treating poor patients of all religion ans caste. can i give it next month.
I have plans to change both my conventional mortgages to Islamic mortgage next year…inshallah

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

At the outset, you state that you intend changing to Islamic Finance. You should do so as soon as possible and repent to Allah sincerely for being involved in the sin of Riba (interest). If you are sincere Allah will certainly make a way out for you.

1).In principle, when calculating your Zakaat you will mark down all your assets and deduct your outstanding debts. If there is any surplus amount thereafter which is equivalent to the Nisaab (minimum zakaatable amount), you will pay zakaat on that. If your debts amount to more than your assets, Zakaat is not necessary. You may apply this formula to all your questions.

2.) The stock and cash of 10,000 Pounds will be considered to be from your assets.

3.) The rentals you receive from your properties will be considered to be cash on hand and added to your assets list. If you have used up the rentals, there is no Zakaat on that amount.

4.) If your brother is poor and needy and does not have money equivalent to the amount of Nisaab, you may give him Zakaat. You will receive two rewards for this, one for discharging the Zakaat and the other for assisting a family member.

5.) One of the requirements for discharging Zakaat is to make the recipient the owner of the Zakaat. This requirement is not found when giving the money to the hospital and therefore not permissible. However, one may appoint the administration of the hospital as an agent (wakeel) to distribute the Zakaat on his/her behalf to the poor and needy patients. The administration will look for genuine poor and needy patients and pass the money over to them. It is necessary that the administration first hands the money to the deserving person and thereafter request him/her to settle the hospital bill. The hospital cannot simply deduct the amount from its Zakaat account. Furthermore, the Zakaat money can not be used for any administrative costs.

We advise that it is better to discharge of the Zakaat personally. Many times handing the Zakaat over to others results in the Zakaat not discharged correctly. One should bear in mind that if the agent does not discharge the Zakaat correctly, ones Zakaat is not fulfilled. Only if you have confidence in a person or organization that would discharge the Zakaat correctly according to Shariah, you may pass it over to them.

And Allah knows best

Wassalam

Muhammed Zakariyya Desai,

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah

 

 
I asked my Gynae if I could fast and he said no. I feel a bit guilty about this, each time I ask my husband if I should fast alternative , he also wont allow me to. PDF Print E-mail

Q: 33 – Title: I asked my Gynae if I could fast and he said no. I feel a bit guilty about this, each time I ask my husband if I should fast alternative , he also wont allow me to.

Question

I have been sterilised and at the begin of Ramadaan ,( the first taraweeg)  we found out that I am pregnant after the gynae then believing that it is a pregnancy in the tubes (ectopic) they immediately admitted me to hospital to have surgery to terminate the pregnancy on the first day of Ramadaan,  I recited Yaseen before entering surgery and placed it in the Almighty hands.  When I awoke from surgery I was told I am still pregnant and that he foetus is in the uterus.  I believe this is a gift from Allah, we make plans but the Almighty has greater plans for us.  We so pleased and say shukr to Allah , we now make duaah for a healthy baby inshallah.  Because of these cirumstances we would like to give the baby a name meaning gift from God, gift from Allah,  I have come accross the name Ayaan male meaning gift from God and Anum female meaning gift from God,  is these good acceptable muslim names or if you can suggest alternatives with similiar meaning.

Also in the first trimester I asked my Gynae if I could fast and he said no.  I feel a bit guilty about this,  each time I ask my husband if I should fast alternative , he also wont allow me to.  I am planning to pay back each day like I did with a previous pregnancy.  Should I be feeling so guilty , should I pay for the month the days I was not able to fast as I am planning to make it up inshallah.  Or if one pay must you still pay back the days you did not fast.  Shukran for your time please advise eagerly awaiting.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

It is mentioned in the Hadith that the most beloved names to allah are abdullah( slave of allah) and abdur rahman( slave of the compassionate).For females it would be Amatullah and Amatur Rahman(same meaning).

A righteous muslim doctor should advise you whether you can manage fasting or not.If you are unable to fast you should keep the missed fasts after childbirth( when you are strong enough).You need not pay any fidyah.This will only be paid if there is no hope of you fasting in future.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah

 

 
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