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:

Dear Brother Burhan

Assalamualaikum

 

Can you please clarify the following:

Recently there has been a discussion amongst our friends in which it was said that:

The gold within the possession of one’s wife (whether bought by her husband or gifted to her by her parents) belongs solely to her and husband has no right on that and wife can also refuse to give full or part of jewellery when asked by her husband to meet the obligation of ZAKAT (donating some gold for a poor girl’s marriage) or for a dire situation to meet the immediate expenses of his own family.

 

But on the other hand for the same gold(jewellery) which wife is owning, it is husband’s obligation to pay ZAKAT - Is this true? please clarify with evidences.

Jazakallahu Khairan.

 

(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:

 

Who is responsible for wife zakat

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.

 

If the total nett worth of any believer, regardless of whether that wealth belongs to a man, woman, or child, is more than the prescribed ‘nisaab’ of 7.5 tolas of gold (app. 85 grams or app. Value US$2,500.00), then the person is liable to pay the obligatory zakat of 2.5% on their excess wealth which has been in their possession for a full calendar year.

 

If one’s total nett worth is less than the prescribed ‘nisaab’, then one does not have to pay any ‘zakaah’ on their wealth.

 

Thus in principle, if the value of one’s excess wealth (regardless of whether the wealth belongs to a man, woman or child) is above the prescribed ‘nisaab’, then it is absolutely obligatory that one purify their wealth by paying the annul ‘zakah’ on their excess wealth after it has been in their possession for a period of one full calendar year. 

 

The primary responsibility of paying the zakah lies on the person who actually owns the wealth, thus in this case it is the wife who herself is responsible for making sure that the zakah for her jewelry is paid every year.  The husband or the guardian of the woman who owns the wealth is not liable to pay for the zakah of the wealth of the believing woman.  But if the husband, or father, or brother, or son of the believing woman, of their own will, wish to fulfill the zakah for her, there is absolutely no harm.

 

Sunan of Abu-Dawood Hadith 1558  Narrated by Abdullah ibn Amr ibn al-'As

A woman came to the Messenger of Allah (saws) and she was accompanied by her daughter who wore two heavy gold bangles in her hands. He (saws) said to her: ‘Do you pay zakat on them?’ She said: ‘No.’ He (saws) then said: ‘Are you pleased that Allah may put two bangles of fire on your hands?’ Thereupon she took them off and placed them before the Prophet (saws) saying: ‘They are for Allah and His Messenger (saws) (to distribute to the poor as they will).’

 

Regardless of whether the woman herself pays the zakah for the wealth she owns, or whether her father, or husband, or son, or guardian chooses to pay the zakah for the wealth owned by her…..provided the annual zakah dues are paid on her excess wealth, the woman would have deemed to have fulfilled her obligatory duty of zakah unto her Lord Most High.

 

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