Conditions of Zakaat

 The first part of this article ran here.  This is the second and concluding part.  Here we will see the conditions of wealth which must be fulfilled for Zakaat to become Compulsory on it.

 

The wealth should be of a growing nature

 

Zakaat is Compulsory only on that wealth which is of a growing nature.  In the Shariah that the wealth should be of a growing nature may be meant in the literal sense like with the herds of animals or through business, etc. regardless of whether the wealth is in the possession of this individual or in the possession of his/her deputy or representative.

 

There is no Zakaat on the wealth which isn’t of a growing nature, like land, house, vehicle, etc. which is not for business, even though it might be more than the basic needs, Zakaat isn’t compulsory on it.

 

As given Al Bahr Ur Raaiq, Vol. 2, Pg. No. 362.

 

The wealth which isn’t of a growing nature can be illustrated with “Maal Dhimaar”.  ‘Allama Ibn Nujaim Misri (May Allah shower His mercy on him) has clarified that Maal Dhimaar includes such a loan which the borrower denies taking or wealth that has been embezzled by someone else and the owner doesn’t have any proof of that (bad) debt or of that wealth in both the cases.

 

As given in Al Bahr Ur Raaiq, Vol. 2, Pg. No. 362.

 

Why should the wealth be of a growing nature?

 

A wealthy person gives some part of his/her wealth to the poor and needy and they fulfill their needs with it.  The objective here is to develop sympathy in the society and to ensure that the society isn’t plagued by economic crises.  In light of this, the amount of Zakaat is very less so that the person giving it doesn’t become needy himself.

 

If Zakaat were fixed on non-growing wealth, then it is possible that the person giving Zakaat today might, some years down the line, become needy of it himself.  The system of Zakaat is to do away with economic crises and not precipitate them.

 

Thus, Zakaat is compulsory on wealth of a growing nature.  When the owner of the wealthy removes some money from it, then as the wealth is of a growing nature, it will be made up soon.

 

The wealth should be more than the basic needs

 

The government charges tax on the income of an individual, regardless of what the expenses of that individual are.  However, Islam has imposed Zakaat not on income but on savings.  Zakaat is compulsory on the wealth left over after the basic needs of an individual are fulfilled.

 

What is meant by ‘basic needs’?

 

Food for oneself and the members of the family, a house for residence, vehicles, clothes, the articles of the house or office, the tools and implements of work are all included in basic needs.  If money for the above is present and 1 year hasn’t passed on it, then that money will not be included in the calculation of Zakaat, as the basic needs are dependent on them.  If any amount is included in calculation of Zakaat which is already involved in something else, then it will cause difficulties.  However, if that amount has been in saving for 1 whole year, then Zakaat is compulsory on it.

 

As mentioned in Al Bahr Ur Raaiq, Vol. 1, Pg. No. 361.

 

Absolute possession of the wealth

 

Among the conditions for Zakaat to be compulsory is that it should be in absolute possession of the individual.  Absolute possession is when the individual has ownership as well as possession of the wealth.  If ownership is there, but possession isn’t there or if possession is there but no ownership, then it isn’t considered to be absolute possession and as such Zakaat isn’t compulsory.

 

As mentioned in Radd Ul Muhtaar, Kitab Uz Zakaat.

 

Having possession but not ownership can be explained with the example of a borrower.  A borrower will have possession of the amount borrowed but isn’t the owner of it.  As such, when calculating Zakaat, this debt will not be included in it.

 

 

Why is absolute possession so necessary?

 

Humanity and freedom demand that each person should have the right to ownership.  Slaves and animals don’t enjoy this.  A person is distinguished through ownership and through absolute ownership a person can draw benefit from his/her wealth without any hindrance or uses it through his/her deputy or representative.  Now a person is really capable of increasing his/her wealth.  In thankfulness of this great bounty of Almighty Allah, this individual should give Zakaat.  If the possession isn’t absolute or the wealth is of a non-growing nature, then obligating any one to spend from such wealth is not entirely free of distress, although the Shariah removes distress.

 

One whole year should have passed on the wealth

 

Even after one has wealth that meets the prescribed criterion for Zakaat, it is necessary that 1 complete year should have passed on it.  This condition shows the ease and convenience of the system of Zakaat.

 

All the Jurists are in consensus about this.  An explicit command is present about.  There is a Hadith in Sunan Ibn Majah:

 

Translation: It is narrated on the authority of Hadhrat Ummul Momineen Hadhrat ‘Aisha (May Allah be well pleased with her), she says:  I heard the Holy Prophet (Sallallahu alaihi wa sallam) say:  There is no Zakaat on wealth unless 1 year has passed on it.  (Sunan Ibn Majah, Hadith No. 1864)

 

As mentioned in Al Bahr Ur Raaiq, Vol. 2, Pg. No. 356.

 

The wealth should be free of debt

 

One among the conditions of Zakaat is that the wealth should be free of debt.  If an individual has wealth that meets the prescribed criterion of Zakaat and that person has such debts that on subtracting the debt from the wealth that person’s wealth doesn’t meet the prescribed criterion of Zakaat, then the Shariah doesn’t impose Zakaat on such a person.  However, if that person has such wealth that even after subtracting the debts, that person’s wealth meets the prescribed criterion of Zakaat, then Zakaat will be Compulsory (Wajib) on that person.

 

As given Al Bahr Ur Raaiq, Vol. 2, Pg. No. 357.

 

Why to wait for 1 year to pass on the wealth?

 

Islam doesn’t impose Zakaat on the wealth which is left over apart from the basic needs, but the Shariah has made Zakaat obligatory on the wealth that has been saved for a year.  As it is a sign of the individual being wealthy and affluent.  Now this affluence demands that the individual should give a part of his savings for the poor and needy folk of the community who don’t have money to fulfill even basic needs.