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From:
Jabou Joh <[log in to unmask]>
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The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Wed, 8 Dec 1999 21:54:59 EST
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ZAKAT 
 
What Is Zakat? 

Zakat can be defined as the poor-due and is one of the five pillars of Islam. 
It is an obligation on Muslims, who have exceeded a minimum requirement of 
wealth, to give to those who are needy. Zakat is the right of the needy upon 
those whom ALLAH (Subhanahu wa ta'ala) has blessed with
wealth. Anyone denying the obligation of a Muslim to pay Zakat is considered 
to have left the fold of Islam. If one does not dispute its obligation, but 
refrains from paying it, they are committing a sin. It is the right of the 
Muslim ruler to take the Zakat forcibly. 
As we know, ALLAH (Subhanahu wa ta'ala) is the grantor of wealth (and income) 
and ALLAH (Subhanahu wa ta'ala) has required those whom HE has blessed with 
wealth to return a portion to HIM in the form of helping the needy of HIS 
creation. Giving Zakat purifies the wealth that ALLAH (Subhanahu wa ta'ala) 
has granted to the recipient. ALLAH (Subhanahu wa ta'ala) says in the Noble 
Quran: 
"Of their goods take alms, that so thou mightest purify and sanctify them; 
..." (Sura 9:103)  In this ayah, ALLAH (Subhanahu wa ta'ala) commands HIS 
Messenger (salla ALLAHu alaihi wa sallam) to take a portion of the wealth of 
the believers to purify them from greed and selfishness. ALLAH (Subhanahu wa 
ta'ala) also says in the Noble Quran: 
"…And there are those who hoard gold and silver and spend it not in the Way 
of ALLAH: announce unto them a most grievous chastisement. On the Day when it 
will be heated in the fire of Hell, and with it will be branded their 
foreheads, their flanks, and their backs, This is the (treasure) which ye 
hoarded for yourselves: taste ye, then, the (treasures) ye hoarded!' " (Sura 
9:34-35) 
In these ayat, ALLAH (Subhanahu wa ta'ala) discloses the penalty for those 
who do not spend of the wealth (which ALLAH (Subhanahu wa ta'ala) has 
bestowed upon them), as ALLAH (Subhanahu wa ta'ala) has directed them to do. 
The wealth that has not been purified by Zakat will be used to torture them. 
It will be heated in the fire of Jahannam (Hellfire), and they will be 
branded with it on their foreheads, flanks and their backs. We ask ALLAH 
(Subhanahu wa
ta'ala)'s mercy. The ayat about Zakat are many in the Quran, and frequently 
they occur in conjunction with the call to perform Salat. An example of this 
is given in the following ayah from the Quran: 
"The Believers, men and women, are protectors, one of another: they enjoin 
what is just, and forbid what is evil: they observe regular prayers, practice 
Zakat, and obey ALLAH and His Messenger. On them will ALLAH pour His Mercy: 
for ALLAH is Exalted in power, Wise." (Sura 9:71) 
Al-Tirmidhi relates from Abu Kabshah Al-Anmari that the Prophet (salla ALLAHu 
alaihi wa sallam) said: I swear upon three (things) and ask you to memorize 
my words: Sadaqah taken from a property never decreases it; a man who suffers 
injustice and is patient with it, ALLAH (Subhanahu wa ta'ala) will grant him 
strength; a man who starts begging, ALLAH (Subhanahu
wa ta'ala) will cause him to be poor.  We are familiar with the movement by 
some of the Muslims to stop paying Zakat, after the death of the Prophet 
(salla ALLAHu alaihi wa sallam) and during the Caliphate of Abu Bakr (radiya
ALLAHu anhu). Abu Bakr (radiya ALLAHu anhu) prepared an army and was ready to 
go to war, to prevent ALLAH (Subhanahu wa ta'ala)'s commands from being 
disobeyed. Omar (radiya ALLAHu anhu) tried to discourage Abu Bakr (radiya 
ALLAHu anhu) from this, arguing that the
people were Muslims and that their fate lies with ALLAH (Subhanahu wa 
ta'ala). Abu Bakr (radiya ALLAHu anhu)'s, response was that he would fight 
those who distinguish between Salat and Zakat and that if they withheld even 
a young she-goat which they used to pay during the Prophet (salla ALLAHu 
alaihi wa sallam)'s time, he would fight them. Umar (radiya ALLAHu anhu) then 
realized Abu Bakr (radiya ALLAHu anhu) was right and that it was ALLAH 
(Subhanahu wa ta'ala) who gave Abu Bakr (radiya ALLAHu anhu) the knowledge.  
Who Is Required To Pay Zakat? 
To be required to pay Zakat, one must have achieved the nisab, which is a 
certain level of wealth that qualifies you to pay Zakat. If one's wealth is 
less than the nisab, they are not required to pay Zakat. In addition, one 
Hijra year must pass from the day the nisab is reached on any wealth before 
Zakat is due upon it. There are two views on how to account for the passage 
of a year.
The majority of scholars are of the opinion that the count for the year 
starts when one reaches the nisab. If one drops below the nisab before the 
year is completed, then regains the nisab at a later date, the count starts 
over and no Zakat is due until a full Hijra year passes from the date the 
nisab was reached again. Abu Hanifa, rahmatullahi alaihi, is of the opinion 
that what matters is the
first and last day of the year. If the nisab is attained, the count for the 
year starts. If the nisab is still attained after one year, Zakat is due, 
even if the nisab was lost during the year but regained prior to the end of 
the year. The exception to the one-year period is for crops. The Zakat on 
crops is due at the time of harvest, not a year later.  Zakat is due from all 
believers, whether they are adults or children, sane or insane. In the case 
of children and the insane, their guardians must arrange to pay the Zakat for 
them. By the same token, if a person dies before paying Zakat, it should be 
paid out of his estate, prior to distribution
to the heirs.  As with all acts of worship, Zakat requires the niyyah 
(intention) for it to be valid.  Zakat should be paid immediately upon its 
due and not delayed. Most scholars are of the opinion it can be paid in 
advance, while Malik, rahmatullahi alaihi, is of the opinion it cannot be 
paid before it is due.  The Nisab and How Much Zakat Is Due?  The nisab 
varies for various forms of wealth. There is a particular amount of nisab for 
gold, silver, various grains, cash and equivalents, and animals (camels, 
sheep, goats, etc.). In this article
we will only discuss the nisab for the forms of wealth that are most common 
in our society. If anyone needs more information on the other forms of 
wealth, they should consult with the Islamic Foundation.            

Type of Wealth      Nisab                               Amount Due  

Gold                 3 ounces of gold               2.5%    
Silver               3 ounces of gold               2.5%    
Cash & equivalents  Value of 3 ounces of gold                   2.5%    

To Whom Is Zakat Paid? 

ALLAH (Subhanahu wa ta'ala) has revealed who the recipients of Zakat are in 
the following verse in the Quran: 
"Alms are for the poor and the needy, and those employed to administer the 
(funds); for those whose hearts have been (recently) reconciled (to truth); 
for those in bondage and in debt; in the cause of ALLAH; and for the 
wayfarer: (thus is it) ordained by ALLAH, and ALLAH is full of knowledge and 
wisdom." (Sura 9:60) 
The poor and the needy are the ones who are unable to make ends meet. The 
needy are distinguished by not making known their need. Those employed to 
administer the Zakat are employees of the State or the organization that 
collects the Zakat and distributes it. They are entitled to be paid for 
administering the Zakat, but not for other duties. If one distributes their 
Zakat themselves, they are not entitled to receive any of it. Those whose 
hearts have been recently reconciled are people who have recently embraced 
Islam or those who are being introduced to Islam and appear to be leaning 
towards Islam. They are entitled to receive Zakat, regardless of their 
financial situation. Those in bondage are prisoners, slaves, and captives of 
war.
Those in debt are people who find themselves owing more than they can repay. 
Those striving in the cause of ALLAH (Subhanahu wa ta'ala) are widely 
considered to be anyone struggling and striving to maintain their Islam and 
that of others, and may not be able to earn a basic existence. The wayfarer 
is one who is stranded during a journey, such as one who is mugged while 
traveling and has lost all means of support or one who has been detained 
beyond expectations and has
exhausted their allowance. Some scholars have interpreted some of these 
categories quite liberally while others are more strict. However, the intent 
is clear. These categories of people are entitled to Zakat and should be 
taken care of by the communities they are in. 
In the Hadith of Abu Ma'bad, the slave of Ibn 'Abbas (radiya ALLAHu anhuma) 
as narrated in Sahih Al-Bukhari, when the Prophet (salla ALLAH u alaihi wa 
sallam) sent Mu'adh (radiya ALLAHu anhu) to Yemen to the people of the 
Scriptures, he asked him to invite the people to take the Shahada and if they 
do, to inform them ALLAH (Subhanahu wa ta'ala) has enjoined five daily 
prayers, and if they obey, to inform them that ALLAH (Subhanahu wa ta'ala) 
has made it obligatory for their rich to pay Zakat which would be given to 
their poor. This is an indication that
the Zakat should be distributed within the community where it is collected, 
as long as there are people who qualify to receive it. In other Ahadith, one 
is encouraged to give the Zakat to their qualified relatives. A man is not 
allowed to give his Zakat to his parents or his children, or anyone in the 
direct line of birth because he is obligated to take care of these kin. 
Similarly, a wife is not entitled to receive Zakat from her husband. On the 
other hand, since the wife is not financially obligated to take care (spend) 
of her husband or children, she can give them her Zakat if they qualify. 
Also, a man can give his Zakat to cousins, uncles and other relatives. 
In calculating the nisab and the Zakatable wealth, one can exclude their 
residence and any automobiles that do not generate income. (Using your car to 
get to work is not considered as generating income from the use of the car.) 
All other items of wealth, i.e., income generating property, cash, savings 
account holdings, stocks, etc., should be totaled and if they exceed the 
nisab, then Zakat is due at the rate disclosed above. The scholars say that 
if one's holdings of gold do not meet the nisab and their holdings of silver 
do not meet the nisab, they should not be added to meet the nisab, because 
they are different forms of wealth. That is if the gold  and the silver in 
possession is less than 3 ounces, then no Zakat is due on either for neither 
has reached the nisab. It is best to pay the Zakat in the form in which it is 
held, that is, gold for gold and silver for silver. However, it is considered 
acceptable to pay the Zakat in cash at the equivalent rate due. When the 
nisab is reached and a year has passed, then Zakat is due on all the holdings 
at the rate shown above. May ALLAH (Subhanahu wa ta'ala) place a blessing in 
our wealth and bless those who accept our Zakat. 

Contributed By Roger M. Othman 

Zakat ul Fitr is an obligatory charity on every Muslim, male and female, 
young and old, at the end of Ramadan. Every head of a family, possessing any 
wealth in excess of the basic needs of food and shelter, is obligated to pay 
the Zakat ul Fitr for each person whose maintenance is obligatory on him. The 
amount to be paid is one Sa'a of grains, or one Sa'a of dates, or one Sa'a of 
maize, or one Sa'a of raisins, or one Sa'a of cheese. (One Sa'a is 
approximately 3 kilograms.) While the Sahaba used to pay this in the above 
form, it is considered acceptable to pay this in currency these
days. The amount will be announced near the end of Ramadan. It must be paid 
before the 'Id Salat or it is not considered to be Zakat. ul Fitr. Imam Abu 
Hanifa, rahmatullahi alaihi, allowed it to be paid before Ramadan begins, 
Imam Al-Shafi'e, rahmatullahi alaihi, allowed it to be paid at the beginning 
of Ramadan and Imams Malik and Ahmed, rahmatullahi alaihim, maintained it is 
permissible to pay it only one or two days before the 'Id. Zakat ul Fitr is 
paid to the poor because of the saying of the Prophet (salla ALLAHu alaihi wa 
sallam): Make them free from need on this
day. Narrated by Al-Bukhari and Al-Darqatni (radiya ALLAHu anhuma). Imam Abu 
Hanifa and Al Zuhni, rahmatullahi alaihim, make it permissible to give Zakat 
ul Fitr to a dhummi. 


Contributed By Imam Muhammad Nur 

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