Article contents
- The correct view concerning Az-Zakah on Jewelry and how it is to be paid
- Az-Zakah on Jewelry made of Silver
- The ruling of Az-Zakah on Jewelry, Diamonds and precious Stones
- She has Jewelry but she has not paid Az-Zakah on it because she did not know the ruling
- Az-Zakah on Jewelry is obligatory on its Owner
- Is there any Zakah on Diamonds?
- How to pay Az-Zakah on Jewelry studded with Gems and precious Stones
Az-Zakah on Jewelry
The correct view concerning Az-Zakah on Jewelry and how it is to be paid
Question :
The views of the four Imams are in opposition concern- ing paying Az-Zakah on jewelry that is kept for women's beautification. Among them there is one who says that it is obligatory according to conditions. Among them there is one who says that it is not obligatory. Among them there is one who says it is obligatory unconditionally. So, which view do you all think is appropriate? May Allah reward you with good. Also, if Az-Zakah is obligatory on jewelry, how it is to be paid? Is it paid according to the current market price, knowing that if the woman wants to sell it, she will not get the price that she paid for it? Or is it paid according to the old purchase price even though it is certain that the prices fluctuate?
Answer:
There is no doubt that there is a strong difference of opinion, both past and present, regarding the ruling of Az- Zakah on jewelry that is being used. However, the view which I prefer is that its Zakah should be paid every year, even if it is worn. This is due to the strength of the evidences and reasons that support this view. Based upon this, an estimate is made on it according to its current market value and the original price is not considered. Thus, Az-Zakah is paid on the value of the jewelry according to its current value. It makes no difference whether that value is more than what you bought it for or less. Then, Az-Zakah is given according to this value at the rate of 2.5%. And Allâh knows best.
Az-Zakah on Jewelry made of Silver
Question :
I have some silver that is in the form of jewelry to be worn on the neck, the hands, the head and on a belt. I requested from my husband many times to sell it and pay its Zakah, but he says that it has not reached the minimum amount required for Az-Zakah. I have had it for approxi- mately 23 years now and I have not paid any Zakah on it. What is obligatory on me now?
Answer:
If it has not reached the minimum amount, there is no Zakah due on it, knowing that the minimum amount for silver is 140 Mithaal, which is equal to 56 silver riyals. If the silver jewelry reaches this amount, Az-Zakah becomes obligatory on it according to the most correct view of the scholars. This is due every time a year passes on it. The amount that must be paid is 2.5%, which is 2/2 riyals for every 100 riyals and 25 riyals for every 1000 riyals. In reference to gold, its minimum amount is 20 Mithaal, which is 11/2 Saudi Junayhs or 92 grams of gold. If a year passes on gold jewelry that reaches this amount or more, then Az-Zakah must be paid on it according to the most correct view of the scholars. The amount to be paid is 2.5%, which is 2/2 Junayhs for every 100 Junayhs or its value in monetary currency or silver. Any more than this is calculated according to this system. This is due to the Prophet's statement:
"There is no owner of gold or silver who does not pay its Zakah except that plates of fire would be made for him on the Day of Resurrection. Then his sides, forehead and back would be burned with them during a Day that its measure will be fifty thousand years. This will continue until the judgment is pronounced among the servants, and then he will see whether his path leads to Paradise or the Fire."
This was recorded by Muslim in his Sahih.
It has been confirmed from him in a Hadith narrated by 'Abdullah bin 'Amr bin Al-'Aas that he said to a woman who entered upon him with her daughter who was wearing two gold bangles:
"Do you give the Zakah of this?" She said: "No." He ( said to her: "Does it please you that Allah will make them into two bracelets of fire for you on the Day of Judgement?" Then she threw them down and said: "They are for Allah and His Messenger."
This was recorded by Abu Dawud and An-Nasa'i with an authentic chain of narration. The Hadiths with this meaning are numerous. And Allâh is the Giver of success.
The ruling of Az-Zakah on Jewelry, Diamonds and precious Stones
Question :
I am a married woman and I am almost 30 years old. For approximately 24 years I have had pieces of gold that are not kept for business. They are only for beautification and some times I sell them. Then I add some money to their price and I buy better jewelry. Now I have some jewelry and I have heard that it is obligatory to pay Az-Zakah on gold that is kept for beautification. Thus, I would like a clarification of this matter for myself. If Az-Zakah was obligatory on me, what is the ruling of the past period of time during which I did not pay Az-Zakah on the jewelry? This is while keeping in mind that I am not able to estimate the amount of gold that I had during all of these long years.
Answer:
Az-Zakah is obligatory on you from the time you knew that it was obligatory on you to pay Az-Zakah on jewelry. Whatever occurred before that in the previous years before your knowledge of this, then you do not have to pay Az-Zakah for it. This is because the Islamic laws only become obligatory after they are known. The amount that must be paid is 2.5% if the jewelry reaches the minimum amount required for Az-Zakah, which is 20 Mithaal (of gold). This is equivalent to 11½ Saudi Junayhs. If gold jewelry reaches this amount or more, then Az- Zakah must be paid on it. For every 1000 Junayhs, 25 Junayhs is due. In reference to silver, its minimum amount before Az-Zakah is due is 140 Mithqal, which is equivalent to 56 silver riyals or whatever is equivalent to it of monetary currency. The amount that must be paid is 2.5% just like with gold.
In reference to diamonds and other stones, no Zakah is due on them if they are for wearing. However, if they are for sale, then Az-Zakah is obligatory on them according to their value in gold and silver if they reach the minimum amount required for Az- Zakah. And Allâh is the Giver of success.
She has Jewelry but she has not paid Az-Zakah on it because she did not know the ruling
Question :
There is a woman who has some gold that reaches the minimum amount required for Az-Zakah. However, she did not know that it is obligatory to pay Az-Zakah on it until after she owned it for five years. Therefore, when she came to know about this, she wanted to pay its Zakah, but she does not have anything other than this gold. So, what should she do to pay its Zakah for the five past years? Should she sell a portion of it, or what should she do? How should she handle the forth-coming years? This is while keeping in mind that if she wanted to pay the Zakah at one time she would not be able except by selling some of it each year, as she has no income, whether small or great.
Answer:
She must pay Az-Zakah in the future on her jewelry every year if it reaches the minimum amount required, which is 20 Mithaal (of gold) or 113/7 Saudi Junayhs. In grams, this is equivalent to 92 grams. She must pay the Zakah even if it is by selling some of the gold or something else that she owns. If her husband or her father or someone else pays it on her behalf with - her permission, there is no harm in that. If not, then the Zakah remains a debt that she is responsible for until she pays it. In reference to the previous years before she knew that Az-Zakah was obligatory on jewelry, nothing is due on her concerning it due to her ignorance and uncertainty concerning that. This is because some of the people of knowledge do not think that it is obligatory to pay Zakah on jewelry that is worn or kept for wearing. However, the most correct view is that it is obligatory to pay Zakah on it if it reaches the minimum amount and it has been possessed for a year. This is due to the establishment of evidence from the Book and the Sunnah concerning that. And Allâh is the Giver of success.
Az-Zakah on Jewelry is obligatory on its Owner
Question :
My wife has gold that she wears that reaches the minimum amount required for Az-Zakah. Is there any Zakah due on it? Is paying its Zakah obligatory on me or on my wife? Is Az-Zakah given from the jewelry itself or is its value determined and then Az-Zakah paid according to the value?
Answer:
Az-Zakah is obligatory on jewelry that is made of gold and silver if its weight reaches the minimum amount required for Az-Zakah, which is 20 Mithqal of gold and 140 Mithqal of silver. The minimum amount of gold in the current currency is equal to 113/7 Saudi Junayhs. If the gold jewelry reaches this amount or more, Az-Zakah must be paid on it, even if it is only for wearing according to the most correct view of the scholars.
The minimum amount of silver required for Az-Zakah is 56 Saudi riyals (of silver). If the silver jewelry reaches this amount or more, Az-Zakah must be paid on it. The amount of Az-Zakah to be paid is 2.5% of gold, silver and sales merchandise. This is 2 1/2 out of 100 or 25 out of 1000. Any amount more than this is calculated in this way.
Az-Zakah is due upon the woman who owns the jewelry. If her husband or other than him pays it on her behalf with her permission, there is nothing wrong with that. It is not obligatory to give the Zakah from the jewelry itself. Rather, it suffices to pay its value every time a year passes on it. This is according to the value of gold and silver in the market at the completion of the year's time. And Allâh is the Giver of success.
Is there any Zakah on Diamonds?
Question :
Is there any Zakah on diamonds that are used for beautification and wearing?
Answer:
There is no Zakah on diamonds that are for beautification and wearing. However, if the diamonds are for business (i.e., buying and selling), Az-Zakah must be paid on them. The same applies to pearls. In reference to gold and silver, Az-Zakah must be paid on them if they reach the minimum amount required, even if they are only for wearing according to the most correct opinion of the scholars.
How to pay Az-Zakah on Jewelry studded with Gems and precious Stones
Question :
How is the payment of Az-Zakah to be carried out on jewelry that is not purely gold? Rather, it is studded with numerous types of gems and precious stones. Is the weight of these gems and stones calculated along with the gold, as it is difficult to separate the gold from them?
Answer:
The gold is that which Az-Zakah is obligatory on, even if it is worn. Concerning the precious stones, such as pearls, diamonds and things similar to them, there is no Zakah on them. So, if necklaces and other things contain both of these (gold and stones), then the woman or her husband or her guardians look closely and estimate the gold or they take it to those who know. Then, whatever seems to probably be correct (as an estimate) is sufficient for this. If it reaches the minimum amount required, Az-Zakah is paid on it. The minimum amount is 20 Mithaal, which is equivalent to 11/½ Saudi and European Junayhs. In grams this is 92 grams (of gold). Az-Zakah is paid on it every year at a rate of 2.5%, which is 25 for every 1000. This is the correct view from the views of the people of knowledge. However, if the jewelry is for business, then Az-Zakah is paid on all of it, including what it contains of pearls or diamonds, according to their value, just like other merchandise for business. This is the view of the majority of the people of knowledge.
Source:
Fatawa Islamiyah, Vol. 3 Pages 176-177-178-179-180-181-182