Wednesday, 13 June 2007

Answers to "True, False or it depends"


1. False. Can be given to the rich who fall under other catergories. Qur'anic ayah ["Zakah and for bringing hearts together and for freeing captives and for those in debt and for the cause of Allah and for the traveller – an obligation by Allah. And Allah is Knowing and Wise." Surah Tawba: 60] includes among the recipients workers who collect the zakah (could be wealthy accountants), those who are inclined to Islam (regardless of their financial status), the way-farer who may be rich in his homeland but cannot access that wealth.

2. False
. Not all wealth requires the hawl to pass – only wealth that has the possibility of increasing. Therefore crops, mineral ores, precious metals do not increase in quantity after harvesting and extracting hence the zakah is to be paid immediately instead of waiting the hawl to pass.

3. False. Zakah due on crops is between 5-10% depending on how it is watered, zakah of cattle also varies, zakah due on mineral ores varies from 2.5 to 20% depending on how difficult it was to extract, buried treasures and trinkets requires 20% zakah to be paid on it.

4. True/false
. Difference of opinion. Obligatory in Makkah as a general charity; obligatory in Madinah in its’ specifics e.g. recipients, how much, what types of wealth.

5.False
. Although it is difficult to enforce in non-Islamic countries, zakah is not only an individual responsibility, it is a communal and governmental responsibility therefore in an Islamic state the khalifa is responsible for the collection and distribution of zakah. He has the authority to force people to pay and punish non-payers as Abu Bakr fought those refusing to pay after the Prophet’s (sal Allahu 'alaiyhi wa sallam) death and Umar, when he was khalifa, punished those who didn’t pay by taking half of their wealth.

6.False
. Firstly, the faqeer and miskeen comprise of a quarter of the zakah recipients mentioned in the Qur'an therefore even if hypothetically there weren’t any poor people in the UK zakah would still be needed for people of the other categories. Those busy working for the benefit of the community such that they are unable to work are eligible for zakah, those who cannot afford to marry (and marriage is obligatory for them) are eligible, asylum seekers and refugees, prisoners & their family, those in debt, those inclined to Islam e.g. helping new Muslims to learn about Islam, jihad, some scholars even include ideological war via the media. Secondly, while people may be suffering poverty in a bad way in other countries there are still poor people in a "developed" country like the UK. The problem is with our understanding of "poor"; according to the majority of scholars "poor" is according to custom of the people so a poor person of one society may be affluent in another. Therefore there certainly are people who do not enjoy a good standard of living in the UK and may be eligible for zakah. All scholars/mathhabs agree own locality has more right to wealth – zakah, zakat-ul-fitr, kaffarah etc to be paid in own locality. See http://www.jimas.org/zakat.doc for more.

7. True
. The property of a slave as well as the slave himself belongs to master.

8. False
. Two opinions: 1) Pen has been lifted from them. 2) Still have to pay because it is right of poor. Rights of people applicable even if pen has been lifted – similar to criminal damage.

9. False
. Same as 7 if mentally deficient borders on insane.

10. False. Although one can argue that the money you have doesn’t actually belong to you the Prophet (sal Allahu 'alaiyhi wa sallam) never told zakah collectors to ask if people owed debts. Also exempting those in debt prevents the poor from getting their right especially as many people are in some form of debt. The best thing to do is if a year passes and you still have the money you owe either pay it back or pay zakah on it.

11. False. Inheritance or money bequeathed in a will is like a gift. It adds to income so zakah has to be paid every year if it is above the nisab.

12. True. It is a right of the poor who are owed it until they get it. Like criminal damage or paying back debt.

13. False. Lunar year. Be careful when working out zakah.

14. Mainly true
. However the nisab of paper money is based on the value of silver and the price of gold and silver changes all the time hence the nisab of money changes. One should check the price of gold/silver on the day zakah is due and pay accordingly.

15. True/false
. Difference of opinion. Anyone denying obligation of zakah by consensus has committed kufr but the ikhtilaf is on those not paying out of laziness, rebellion etc. Abu Bakr’s opinion seems to be they had left Islam although some scholars interpret his actions to be fighting those rebelling against the khalifah.

16. True. Not obligatory on all luxuries.

17. True

18. True. The main intention is to profit from it hence the car is a commodity. Hawl starts from the date it is bought and zakah is 2.5% of the selling value of the car.

19. False. The main intention to use it, not profit from it. The ruling depends on the major intention.

20. True. Putting a house for sale makes the main function of house a commodity to gain profit from and living in it is a secondary function. Even if it is unsold (exceptions apply in economic depression or unusually slow market) the house has the potential to generate income. If it is already generating income by renting it out, one has to pay zakah on the rental income as well as the sale value if a hawl has passed.

21. True. Stocks are assets and have the potential to generate income. The selling price of stock (with the condition they were on sale for a full hawl) should be added with profits. Costs should thereafter be deducted and 2.5% zakah should be paid if the net amount is above the nisab.

22. False. Only wealth of the same species to be added together. Different species have different nisab & some don’t require hawl.

23. True. Zakah for the poor is to cater for their needs. Marriage could be obligatory on a person who is poor and cannot afford this necessity.

24. True. ALL the haram wealth is to be given away, not just 2.5%. If however someone who has earned haram repents, then he is not actually obliged to give that wealth away, he can keep it to use in a halal and beneficial way. Thereafter he should observe the hawl and pay zakah accordingly. If someone receives a gift from someone who has earned it in a haram way (except when that wealth actually belongs to someone else e.g. it is stolen) then t is halal for the recipient ("if the hand changes the ruling changes") who would have to pay zakah on it.

25. True. It is like a debt and those who didn’t receive it rightfully still have a right to it.

26. False. Have to pay zakah on wealth for specific group of people e.g. self, family, own ethnic group. If for general group then zakah not necessary as the saving is like zakah and there is no zakah on zakah.

27. True. Taxes, national insurance etc are a type of costs. Deduct the cost and pay zakah on the net income.

28. True/false. Depends on when pay back date is. If it is within a year and they are known to be reliable then I have to pay it back after a year passes, even if I don’t accept the money yet (likened to current bank account – bank can give the money in my savings anytime so even if I don’t have it in hand I pay not the bank who actually has the money). If it is due after that time only pay it back when received. If it is a bad debt I don’t pay until it is received.

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