1. Do we have to pay zakat on the money invested.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
(May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
Assalamualaikum,
I need some clarification on zakat. Me and couple of my cousins have together
invested in a Pre-launch flat where we together paid the booking amount and
then the 2nd installement. The flat is not yet constructed but we just have the
receipt from the group as an investment towards their project.My queries are
1. Do we have to pay zakat on the money invested
2. We
had received some discount from the dealer through whom we booked and the
discounted amount equivalent is included with our payment for the booking with
the company by the dealer. Do we have to pay zakat on the discount amount as
well.
3. One
of my cousin does not have their own house here but they do have ancesteral
house at the village where their mother and one of the brother lives.Does he
also have to pay zakat on full amount of his investment
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
confidentiality.)
Answer:
Zakah clarifications
In the name of Allah, We praise Him, seek His
help and ask for His forgiveness. Whoever Allah guides none can misguide,
and whoever He allows to fall astray, none can guide them aright. We bear
witness that there is none worthy of worship but Allah Alone, and we bear
witness that Muhammad (saws) is His slave-servant and the seal of His
Messengers.
Lets make a few assumptions with numbers so that the
matter is absolutely clear:
Q-1: Do we have to pay zakat on the money invested
Regardless of whether the flat is constructed or not, at
the end of the calendar year each of you will be liable to pay ‘zakah’ on their
respective share of the investment at the rate of 2.50%.
Q-2: Do
we have to pay zakat on the discount amount as well.
Each of you is liable to pay ‘zakah’ on your respective
share of the market value of the property.
Assuming that at the end of Year-1, you have paid no
further installments other than the first booking amount (of 5,000.00 each),
and the market value of the flat has increased from 100,000.00 to
130,000.00. In such a situation each of
the three of you would be liable to pay the following zakah:
5,000.00 (initial contribution of each) + 10,000.00 (share
in the increase of each investor on the market value of the property) =
15,000.00 at the rate of 2.50% or 375.00 each.
Q-3: One
of my cousin does not have their own house here but they do have ancesteral
house at the village where their mother and one of the brother lives.Does he
also have to pay zakat on full amount of his investment.
For the purpose of determining ‘zakah’, the ‘Net Excess
Assets’ would be the current market value of all of one’s assets (properties,
jewelry, cash, etc.) except:
The house one lives in is exempt from any ‘zakah’ in
Shariah; thus if the ancestral house legally
belongs to your cousin, or his brother, or his mother and they actually
live in it, that particular property is exempt from any ‘zakah’.
The investment of your cousin made in the purchase of the
new flat has absolutely no relation to his share of the ownership of his
ancestral home; he will be liable to pay his annual ‘zakah’ on all his other
excess assets, regardless of whether he actually owns his own home or not.
Whatever written of Truth and benefit is only
due to Allah’s Assistance and Guidance, and whatever of error is of me
alone. Allah Alone Knows Best and He is
the Only Source of Strength.
Your brother and
well wisher in Islam,
Burhan