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Do you need to take out Zakat on the jewelry if it is with your wife?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
I got married on 28-June-2009. Gold ornaments were given from my family as well as their family. The cost of which is around Rs.5,00,000/-. I had explained my wife that whoever is the owner should take out zakat. My wife told me that all the jewelery is in your MILKIYAT and hence I had taken out zakat on the jewelery last year. This year I have to take out zakat on or before 20th May. From last 2 years there were lot of quarrels between us due to involvement of her parents in each and every matter. Last month for very small reason my wife left home with her parents without informing me & my parents. They have not even made a telephone call until now. As of now I don’t know whether our relation will continue or will it be a breakup. All depends on the response and behavior of their family. All the jewelry is with my wife. So in this case what shall I do? Do I need to take out Zakat?

Answer

(Fatwa: 966/332H=1432)

If the wife made you the owner of all the jewelleries and gave it in your possession, then in this case you will have to pay its zakah whether she took it with her. But, if she made you the owner only verbally and did not give it in your possession, rather she kept it with her, then she will have to pay the zakah and you will not be asked to pay it.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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