Department of Accounting, Ahmadu Bello University Zaria Nigeria 08032989042 - abellodogarawa@gmail.com
Presented Virtually via Zoom to RA Muslim Ummah Bonny, Rivers State on Sunday, December 5, 2021 (30.04.1443) & Sunday, 30.01.2022 (27.06.1443)
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Presentation outline ∞ Introduction and conceptualisation ∞ Zakah for salary earners ∞ Zakah on trade goods ∞ Zakah on investment in shares ∞ Zakah on pension and end of service benefits ∞ Some important rulings on Zakah
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INTRODUCTION AND CONCEPTUALISATION
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Concept of Zakah • Zakah is a compulsory payment of a specified amount from specific kinds of wealth, under certain conditions, by those who own specific amount to specified categories of recipients. • The Qur’an mentions it in about 30 places of which in 27 places it was joined with Salah, and several Ahādīth also covered its subject matter. • Allah says in the Qur’an, "Establish regular prayer and give Zakah" [Q73:20]; “Establish prayer; give Zakah, and bow your heads with those who bow down" [Q2:43] • The Hadith of Angel Jibril’s question to the Prophet SAW about Islam, and Ibn Umar on pillars of Islam, mentioned zakah as a pillar of Islam.
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Concept of Zakah • When the Prophet SAW sent Mu’ādh bn Jabal RA to Yemen to call to Islam, he instructed him to tell them about zakah after calling them to Kalimatush shahādah and five daily prayers. • Not paying Zakah when one is obligated to pay is a major sin that attracts severe punishment in the hereafter as stated by the Prophet SAW, “If someone is given wealth by Allah but does not pay its zakah, that wealth will appear to him on the Day of Judgement in the form of a bald serpent with 2 horns; it will encircle itself round his neck and bite him over his cheeks and say, “I am you wealth, the treasure which you hoarded.” • Zakah is therefore a right of the poor over the rich; it is never considered a favour by the rich to the poor. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 5 Zakatable Wealth • The payment of zakah is obligatory on all Muslims who meet the stipulated conditions, from five kinds of wealth: 1) Gold and Silver and modern currencies and bank-notes held in cash or in the bank 2) Agricultural produce (grains such as such as maize, wheat, rice, beans, millet, sorghum and soya beans) 3) Grazing livestock and cattle (that is cows, goats and sheep, and camel) 4) Trade goods and earned income (al-Māl al-Mustafād) 5) Minerals and Rikāz (treasures)
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Those who are entitled to receive Zakah • Eight categories of recipients of Zakah have been spelt out in Q9:60: the poor, the needy, those collecting and distributing zakah, those whose hearts are inclined (towards Islam), those in captivity, those in debt, for Allah's cause, and wayfarers. ي َوِف َسبِ ِيل هللا َوابْ ِن ِاب والْغَا ِر م ِ َقِ الر فِو م ه ـبو لـ ق ِ ي والْع ِاملِي علَيـها والْـمؤلمَف ة ِ ِص َدقَات لِْلف َقر ِاء والْـمساك م ال اَ م َّنِ• إ َ َ َ ْ َ َ َ ْ َ َ َ َ ََ َ َ يضة ِم َن هللا َوهللا َعلِيم َحكيم ِ َ ال مسبِ ِيل فَ ِر • There is also preference for distribution of zakah proceeds in the location it was earned as stated in the Sunnah. [Bukhari] ص َدقَة ِف أ َْم َواِلِِ ْم تـ ْؤ َخذ ِم ْن أَ ْغنِيَائِ ِه ْم َوتـَرد َعلَى فـ َقَرائِ ِه ْم م ِ ه يل َ ع ضرـ َ ْ ْ َ َ ََ َ تـْف ا اّلل م م ن َ أ م ه ْ ْْمِ• فَأَعل
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What to pay as Zakah • The nisāb for silver is 200 dirhams which is worth 595 grams of silver and for gold is 20 dinār which is worth 85 grams (N2,088,960 as on 19/11/2021) from which 2.5% is to be paid for lunar year or 2.577% for solar year. • The minimum amount of crop liable to payment of zakah is 300 sā'i (about 653 kg or approx. 6½ bags); one-tenth (10%) is paid if the seeds were watered by rain, half of the tenth (5%) if watered by irrigation, or three quarters of the tenth (7.5%) if partially watered by irrigation. • The nisāb for trade goods, earned income and extracted minerals is the same with the nisāb of gold, silver and currencies. • The nisāb for livestock is: 5 for camels; 30 for cows; and 40 for goats/sheep. The nisāb and the zakah due for livestock are usually presented in a matrix form based on some Ahādīth. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 8 When to pay Zakah • Zakah is due in zakatable wealth only after the passing of one full lunar year from the date of taking possession of the nisāb (the minimum amount of wealth on which zakah is due) except in the case of (1) business profit; (2) babies of livestock; (3) farm produce; and (4) minerals and treasures. 1) Profit made from a business is added to the original amount (principal) at the time of paying zakah 2) Babies of livestock due for payment of zakah are added to the flock and counted together with their mothers. 3) Zakah of farm produce is due for payment on the day of its harvest, in line with Q6:141. 4) Zakah on minerals and treasures is due for payment on the day of extraction. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 9 ZAKAH FOR SALARY EARNERS
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Zakah for Salary Earners • Salaries, wages, professional fees, bonus, windfalls, gratis receipts and gifts all fall under the concept of al-Māl al-Mustafād, that is income or wealth which was not in one’s possession in the beginning of the assessment year but came into one’s possession during the year. • Scholars hold two different opinions regarding the applicability of zakah on it; the more correct scholarly opinion is that zakah applies to al-Māl al-Mustafād. • This means subject to meeting some conditions, salaries and wages are subject to zakah payment.
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Zakah for Salary Earners [cont’d.] • Scholars who hold the opinion of subjecting salaries and other incomes to zakah differ on whether passing of one full lunar year is a condition: 1) Ibn Abbas and Mu'awiyah maintained that passage of year is not a condition. This view was reported from Ibn Mas'ud, Umar bn Abdil Aziz, al-Hasan al- Basariy, az-Zuhriy, Makhul and al-Auzā'iy among past scholars; and Muhammad al-Ghazāliy, al-Qardawiy, Wahbah az-Zuhailiy, Mustapha az-Zarqā, Aliyyu as-Sālūs among contemporary scholars. • Proponents based their opinion on: absence of authentic marfu’ hadith that stipulates the passing of one year; divergent views amongst Sahabah; analogy with Zakah of farm produce which is tied to harvest; insisting on passage of one year means many salary earners and professionals would not pay Zakah; analogy with nisāb of farm produce in relation to quantum of modern day salaries; and maqāsid of Zakah. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 12 Zakah for Salary Earners [cont’d.] 2) The four rightly guided caliphs, A'isha and Ibn Umar among the Prophet’s companions; Abu Hanifah, Malik, Shafi'i, Ahmad bn Hanbal, Ishaq and Ibn Hazm among past scholars; and Ibn Bāz, al-Uthaymīn, al-Albāniy, Sālih al- Fauzān, Hisāmud Dīn Afānah among contemporary scholars hold the view that passing of one full year is a condition. This view was also reported from Ibn Mas'ud, al-Hasan al-Basariy, Umar bn Abdil Aziz and az-Zuhriy, • Proponents cited the Aathār of Aliyyu bn Abi Tālib and Ibn Umar on passing of one full year for earned income; practice of the four rightly guided caliphs; and Amal Ahlil Madina to support their view • Based on this opinion, which is the more correct scholarly opinion, there is no zakah on a salary earner unless he saves some of his wealth and that amount reaches the nisāb, and one year has passed. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 13 Zakah for Salary Earners [cont’d.] • Based on the first view, salary earners are required to determine and pay Zakah as follow: Multiply monthly salary by 12 Multiply monthly expenses by 12 - existential needs (food, water, shelter, etc.), subsistence needs (living expenses, clothing) and prospective needs (trade tools, debt repayment, furnishings and utensils, means of transport, etc) Subtract/deduct annual expenses from annual salary If it is up to nisāb, divide it by 12 and pay 2.5% of monthly salary as zakah; but if what is left after expenses are deducted is less that nisāb, zakah is not due. • Alternatively, if what is left from one’s monthly salary after his monthly expenses are deducted is up to nisāb, 2.5% of remainder should be paid without necessarily multiplying it by 12 months. If it is not, then he goes with the method of calculating one year earnings and expenses. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 14 Zakah for Salary Earners [cont’d.] • Examples: 1) Mr. A earns 1,000,000 and spends 600,000 every month. His total annual salary is 12,0000 while his total expenses is 7,200,000. If total expenses is subtracted from total salary, the remainder is 4,800,000. Since what is left at the end of one lunar calendar year is up to nisāb, he is required to pay 2.5% of what is left from his monthly salary not minding the fact that it is just 400,000 (i.e. 2.5% of 400,000 = 10,000). If the remainder of the annual earnings less annual expenses is less than nisāb, zakah is not obligated on him. 2) Mr. A earns 4,500,000 and spends 2,400,000 every month. At the end of every month, 2,100,000 is left from his monthly salary which is up to nisāb. Accordingly, he does not have multiply the salary or expenses by 12 to determine his annual salary and expenses; rather he is required to pay 2.5% of 2,100,000 every month, which is 52,5000. If what is left from his monthly earnings less monthly expenses is less than nisāb, he should resort to multiplying earnings and expenses each by 12 months as in example 1 above. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 15 Zakah for Salary Earners [cont’d.] • Based on the second view, salary earners are required to determine and pay zakah as follow: make a schedule of earnings and write down every amount and the date of taking possession of it; then pay zakah for each net amount separately when one year has passed from the date on which possession of it was taken if it is up to nisāb. Alternatively, add whatever amount saved from salary to all the money possessed when one year has passed from the date when the wealth first reached the nisāb, then pay 2.5% of what is available if it is up to nisāb. • The above ruling extends to where someone has gold that reaches nisāb, then he buys new gold during the year, or receives it as a gift and the like; he either start a new year for the newly-acquired gold or give zakah on all the gold when one year has passed for the old gold. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 16 Zakah for Salary Earners [cont’d.] • Examples: 1) Mr. A earns 4,000,000 from salary and other income and saves 2,300,000 every month. At the end of one lunar calendar year for each monthly saving, he is obligated to pay 2.5% of 2,300,000 which is 75,500. 2) Mr. A earns 4,000,000 from salary and other income at the beginning of the year. His monthly expenditure for that month amounts to 1,900,000 which means he saves 2,100,000 in the first month of that year which is up to nisāb. He realises that at the end of the year, his saving is 13,000,000 due to fluctuation in earned income and expenditure over the months. He is required to pay 2.5% of 13,760,000 which is 344,000. 3) Mr. A earns a salary of 1,000,000 and saves 350,000 every month. At the beginning of the year, he receives a windfall of 1,800,000 and when to 350,000 his total savings amounted to 2,150,000 which is up to nisāb. Though he continue to save 350,000 every month, he withdrew and spent the windfall. At the end of one lunar calendar year he would have saved 1,800,000. He is not required to pay zakah on his salary since his total savings is not up to the nisāb. However, if he has other sources of income from which he was able to save 400,000 at the end of the year he would have saved a total of 2,200,000. The amount will be liable to 2.5% of 2,200,000 which is 55,000. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 17 Zakah for Salary Earners [cont’d.] • Important notes: 1) According to both opinions regarding the payment of zakah from salaries, wages, professional fees or other earned income, nisāb is a condition. 2) By the agreement of scholars, if a person spends all his monthly salary and has nothing left, so that at the end of the month he has spent all his money, then he does not have to pay zakah. 3) A person who has saved enough from his salary and at the end of the year has what is up to the nisāb must pay zakah on the savings and not the total salary earned over the year. 4) A person who has saved part of his salary and the savings is not up to the nisāb at the end of one year is not required to pay zakah. 5) If a worker is putting his salary into use by investing it in halal investment instruments, the investment is subject to the rules of zakah on investment. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 18 ZAKAH ON TRADE GOODS
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Zakah on Trade Goods • Zakāh is due on trade goods if it reaches the nisāb and one lunar year has passed since the capital was acquired according to the opinion of majority of scholars to the extent that Ibn al-Munzir even reported ijmā on it. • Goods/assets purchased with the intention of trading in it is liable to zakah if one full year passes from the time of acquiring the capital, and it reaches nisāb either by itself or when added to other cash. • The cash equivalent of trade goods is determined based on market value of the goods at the time of assessment of zakah NOT their historical cost.
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Zakah on Trade Goods [cont’d.] • Owners of provisions, departmental or pharmacy/chemist stores and other similar businesses are required to determine the market value of all unsold goods and subject same to zakah if one full year passes, and it reaches nisāb either by itself or when added to other cash. • Owners of poultry, fish, sachet/bottle water businesses and the like are required to determine the market value of all unsold stocks (chickens, fish, packaged water, eggs including unconsumed feeds) and subject same to zakah if one full year passes, and it reaches nisāb either by itself or when added to other cash excluding the value of tools, equipment, vehicle, buildings used for operations.
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Zakah on Trade Goods [cont’d.] • The profit made from money invested in trade should be added to the capital if one year has passed since the capital was acquired, and zakah must be assessed and paid on the total amount. • Zakah is not due on farm animals that constitute the means of production itself such as egg-laying chicken and dairy cows unless they are sold within the zakah accounting year, but there is zakah on their product (e.g. egg and milk inventories). • Owners of premises or land used to generate rent are not liable to payment of zakah on the value of the asset(s); however, they are required to pay zakah on the rental income collected if one full year passes, and it reaches nisāb either by itself or when added to other cash. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 22 Zakah on Trade Goods [cont’d.] • Zakah is not paid on valuable items such as property or cars unless the intention of acquiring them is to sell them for profit making, then it becomes a trading good and zakah must be paid on such items if a lunar year passes from the time of the owner's intention to sell. • If zakah is due on trade goods and the payer does not have cash with which to pay the zakah, according to the correct scholarly view, he can either sell some of the goods on which zakah is due and pay the zakah or give some of the trade goods that are equal in value to the zakah that is due provided the goods are things that will be of benefit to the poor. But if selling the goods is not possible or will adversely affect him, he can wait until he acquires cash with which to pay. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 23 ZAKAH ON INVESTMENT IN SHARES
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Zakah on Investment in Shares
• Shares are traded among individuals, like other products, which
makes people take them as a means of trade by buying and selling them with the aim of making a profit, thereby making the shares to take the ruling of trade goods ()عروض التجارة. • Some people buy shares with the intention of investment by keeping them and benefiting from their profits/dividend, thus making such shares income generating assets ()املستغالت.
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Zakah on Investment in Shares [cont’d.] • Zakah is due on shares that are purchased with the intention of trading in them after one full year has passed from the time of acquiring the principal amount used to purchase them if their market value (principal and profit) on zakah financial day reaches nisāb by itself or when added to other cash just like any other trade goods. • If the actual market value of the shares is not known, the opinion of experts such as brokers should be sought regarding its estimated market value and zakah should be paid based on it.
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Zakah on Investment in Shares [cont’d.] • If shares are bought with the intention of investment by keeping them and benefiting from their profits (dividend), zakah is not paid on the value of the principal BUT on the profit/dividend generated from them if one full year passes, and it reaches nisāb either by itself or when added to other cash. • The above methods of paying zakah on shares held as trade goods ( )عروض التجارةor kept as income generating assets ( )املستغالتare in line with the resolution 28:3/4 of OIC International Islamic Fiqh Academy, AAOIFI Shari’ah standard 35:4/2/4, Fatwā of Al-Lajnatud Dā’imah, and the opinion of many contemporary scholars including Sheikh Al-Uthaimīn and Al-Qaradāwiy.
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Zakah on Investment in Shares [cont’d.] • Owners of company shares that are zakatable are individually responsible for the payment of zakah because they are the true owners of the money, and the company handles the shares on their behalf and the fact that despite its being an independent entity, some conditions of zakah being obligatory cannot be met by a company; also zakah is an act of worship which requires an intention when it is done. • However, a company can pay zakah on behalf of shareholders in any of the following cases as contained in resolution 28:3/4 of OIC Fiqh Academy and Shari’ah standard 35:2/2/1 of AAOIFI: 1) the Law of the State obliges companies to pay zakah; 2) stipulation of commitment to pay zakah in the articles of association 3) resolution by the general assembly; or 4) a shareholder authorises the company to pay zakah on his behalf. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 28 Zakah on Investment in Shares [cont’d.] • Where the company’s governance pay zakah on its shares, it is required to do so in the same manner as person pays zakah on his wealth by assuming that the capital of all shareholders is the property of a single person. • Where none of the aforementioned cases applies, payment of zakah remains the responsibility of shareholders; however, the company is required to indicate the amount of zakah payable per share or per a given balance of an investment account. • According to Sheikh Ibn Al-Uthaimīn in Majmū’ Fatāwa, 18/217, if some of the shareholders authorise the company to pay zakah on their behalf and some do not, then the company should pay the zakah of only those who give authorisation. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 29 Zakah on Investment in Shares [cont’d.] • According to the more correct scholarly view, ruling on shares of companies with regard to zakah is as follows: 1) Zakah is due on shares of companies which engage only in trade such as import/export companies, and international trade companies. 2) Shares of companies which engage both in manufacturing and trade such as petroleum, textile, cement, paint, beverages, metal and chemical companies that extract or buy raw materials, subject them to some changes, then trade in them are subject to zakah after deducting the value of the assets. 3) Only profits of shares of companies which do not engage in any kind of trade, such as dye, hotel and transportation companies; educational institutions and healthcare facilities are subject to zakah if it reach the nisāb and after the passage of one year of acquiring the capital, because the value of shares of these organisations is based on equipment, tools, buildings, furnishings and so on, which are used to carry out operations for profits making. 4) Agricultural companies are required to pay zakah on their crops and produce on the day of harvest if the produce is of the type on which zakah is due. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 30 Zakah on Investment in Shares [cont’d.] • Shareowners in both manufacturing and agricultural companies are to subject their shares worth of cash reserves to zakah if it reaches the nisāb by itself or when added to other monies. • AAOIFI Shari’ah standard 35:5/1/4/1 stipulates that zakah is paid on the cost (principal) of bonds and treasury bills, whereas the entire amount of interest should be donated for charitable purposes. • In 5/1/4/2, the standard provides that owners of sukuk are required to pay zakah on the basis of their underlying assets; and in 5/1/4/3, the standard mandates the same treatment for investment funds.
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ZAKAH ON PENSION AND END OF SERVICE BENEFITS
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Zakah on Pension and End of Service Benefits • There are different types of pension schemes; some are liable to zakah payment while some are not. • In Nigeria, five types of pension are available namely contributory, voluntary contribution, micro pension, cross border pension scheme and retirement plan. • It can be inferred from resolution 143:1/16 of OIC Fiqh Academy that contributory pension scheme is not subject to zakah during employment despite pension deductions from salary because the employee has neither complete possession nor access to the fund since the pension is typically run, on behalf of both the employee and employer; and the contribution is deducted from his salary at source. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 33 Zakah on Pension [cont’d.] • Voluntary contributions scheme, micro pension scheme and cross boarder pension scheme are liable to payment of zakah whilst contributing to the fund if the contributed amount reaches nisāb by itself or when added to other funds after one year has passed. • It is not obligatory to pay zakah on the amount that is being kept as “end of service award” throughout the service duration due to lack of full ownership of the amount. However, if the amount is calculated and paid to the employee in lump sum or in installments at specific intervals, such paid amount should be included in his zakatable cash for that year. • The rulings on end of service award extends to retirement award and saving award as per resolution 143:1/16 of the OIC Fiqh Academy. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 34 SOME IMPORTANT RULINGS ON ZAKAH
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Some Important Rulings on Zakah 1) Whoever possesses zakatable wealth that reaches nisāb must give zakah on it, even if he owes a debt that takes his wealth below nisāb except the debt that falls due before the new zakah year begins as upheld by Imam ash-Shāfi‘i and many contemporary scholars such as Ibn Bāz and al-Uthaymīn because the Prophet SAW used to send zakah collectors and he did not instruct them to enquire as to whether the owners of wealth had debts or not. 2) According to the jumhūr, it is not permissible for a zakah payer to count the money he lends to someone and let it off as part of his zakah payment to the borrower. However, if the recipient unstipulatedly return the amount he collected or part of it to the payer in order to pay off his debt or part of it, the payer can collect. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 36 Some Important Rulings on Zakah [cont’d.] 3) The basic principle is that zakah should be paid in the form of the wealth on which it is due; that is zakah on cash should be given in cash, and zakah on livestock should be given in animals, and zakah on farm produce should be paid in crops, except for zakah on trade goods which may be paid in cash equivalent of the value of the goods or from the trade goods themselves as suggested by AAOIFI standard 35:5/2/4. 4) Zakah of cash should not be given in the form of items or food unless the beneficiary made a request for its equivalent in the form of other items. Ibn Taymiyyah and some contemporary scholars permit the payment of equivalent of zakah in other items to recipients either because given cash to them will clearly be detrimental, or where a recipient's mental condition dictates that he should not be given cash. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 37 Some Important Rulings on Zakah [cont’d.] 5) Zakah is paid from any zakatable wealth that is held in pledge if it reaches nisāb and its due time/date comes. 6) Debts that are owed to a person who is supposed to pay zakah take one of the following rulings: a) If the debtor is able to pay it off when asked to do so, zakah must be paid on it every year, but it is permissible to delay paying it until the money is received, then zakah must be paid on it for all past years. b) If the debtor is poor, or one who denies that he owes anything and there is no proof to confirm it, then no zakah is due on it, the owner should however pay zakah on it for one year when he receives it in line with Malikiyyah. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 38 Some Important Rulings on Zakah [cont’d.] 7) A person may be obliged to pay zakah because he owns the nisāb and at the same time he may also be entitled to zakah, because either what he has is not sufficient (as may be the case with the payer of zakah from agricultural produce) or he belongs to a category of zakah recipients such as "zakah administrator" or "in the cause of Allah“ that is entitled to zakah irrespective of their financial status. 8) Simply being an orphan does not does not mean that he is entitled to zakah funds unless he falls into one of the eight categories of zakah recipients, because he may be rich and have sufficient wealth to make him independent of means.
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Some Important Rulings on Zakah [cont’d.] 9) According to the more correct scholarly view, zakah funds cannot be used for payment of scholarships, building of mosques or funding its activities, building of hospitals and construction of roads; although resolution 165:3/18 of OIC Fiqh Academy permits giving assistance to poor students who are outside their countries and have no scholarships 10) Zakah funds can be used to support da’awah activities including payment of salaries or allowances to teachers of newly reverts according to the opinion of Jamāluddīn Al-Qāsimiy, Sheikh Hussain Makhlūf, Sheikh Muhammad ibn Ibrāhīm Ālish Sheikh, Sheikh Ibn Bāz, Sheikh Yūsuf Al-Qardāwiy, Sheikh Abdullah Nāsih Ulwān, Sheikh Muhammad Sālih Al-Munajjid and many fatawa committees. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 40 Some Important Rulings on Zakah [cont’d.] 11) According to the more correct scholarly view, zakah is not liable on women jewelries made from gold and/or silver if they use them for personal ornamentation and not kept them as asset. However, if a woman buys jewelry for the purpose of accumulating wealth or selling it later, or has what would generally be considered an extravagant amount, zakah must be paid on it. 12) Cash realised from the sale of agricultural produce such as potato, cassava, yam, plantain, pepper, etc which do not attract zakah by themselves is subject to zakah if it reaches nisāb by itself or when added to other cash savings after the passage of one lunar year from the time of the sale.
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Some Important Rulings on Zakah [cont’d.] 13) According to AAOIFI Shari’ah standard 35:4/1, zakah is not obligatory on operational intangible assets such as copy right, patent rights, trademarks and computer software; however, section 5/2/7 of the standard provides that where intangible assets are prepared for trade, they should be subject to the rules of zakah on articles of trade. 14) According to resolution 15:3/3 of the OIC Fiqh Academy, it is permissible to use zakah funds in investment projects that are eventually owned by the recipients, or which are under the control and administration of the zakah collection and distribution entity, provided the basic and immediate needs of the recipients are fulfilled and proper guarantees to avoid loss are provided. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 42 Some Important Rulings on Zakah [cont’d.] 15) According to resolution 120:2/13 of the OIC Fiqh Academy, expenses of land reclamation/preparation, digging irrigation canals and soil transfer; or expenses for purchasing seeds, fertilisers and pesticides to protect crops against agricultural diseases and their likes are not deducted from the zakah liable on agricultural produce if the payer has paid them out of his own funds. However, if for lack of resources, he had to borrow for paying such expenses, the borrowed amount is deductible from what is liable just like expenses for delivering zakah amount to its deserving recipients is deducted from it.
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Some Important Rulings on Zakah [cont’d.] 16) According to OIC Fiqh Academy’s resolution 165:3/18; • Assets, not explicitly mentioned in the original Islamic texts, are subject to Ijtihād in regard to its zakatability or not provided such Ijtihād fulfils the Shari’ah conditions and criteria. • A zakah payer is not required to cover all the eight categories of zakah recipients during the distribution of the due zakah; however, where a competent authority is to carry out the distribution, it should cater for all the categories provided the funds are available, need exists, and all the categories of recipients are accessible. • It is permissible to delay the distribution of zakah when it is necessary for public interest, or to reach a poor relative, or other reasons. • Zakah can be spent for strengthening the belief of reverts or compensating them for any loss they might have incurred; it may also be spent on unbelievers who are hoped to revert to Islam or to dissuade them from causing any harm to Muslims. • Zakah funds can also be spent in providing support to afflicted non-Muslims in areas of disasters, earthquakes, floods, and famines, in order to reconcile their hearts. • Zakah can be used for the payment of ransoms to free Muslim war prisoners and for releasing kidnapped Muslims or kidnapped family members under the category of “those in bondage”. 05.12.2021 & 30.01.2022 Prof. A. B. Dogarawa - ABU Zaria 44 Thank you for listening
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