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I have a property ,which i took on a loan and still paying the loan amount.Apart form that laon i haev some other laon also which i took for family needs.(sister marrigae.father support)

Answered as per Hanafi Fiqh by Askimam.org

Mufti sab please guide me for the followign with respect to Zakat.

I have a property ,which i took on a loan and still paying the loan amount.Apart form that laon i haev some other laon also which i took for family needs.(sister marrigae.father support)

At present i have cash worth of 80000 (eighty thousnand)Indian rupee on which 1 year is not completed.Please clarify how much is the zakat i have to give as i dont want to get misguided or miscalculation ,as some told as ihave loans zakat is not wajb on me.but i have cash also for whis 1 year has not passed.

Please clarify so htat i can do the justice in paying zakat.

Answer

In the name of Allah, Most Gracious, Most Merciful


Assalaamu `alaykum waRahmatullahi Wabarakatoh

In order to calculate your Zakah you would have to determine the amount of the Nisab. If after subtracting the amount of your debt, you still possess wealth equivalent to or more than the Nisab, Zakah would be compulsory on you. On the contrary, if after subtracting the amount of your debt, your wealth does not reach the Nisab, you would not be liable to pay any Zakah. Thus, if the debt exceed Rs 80000, zakah will not be compulsory.

دين العبد مانع من وجوبها (الفتاوي أنقروية 1؟9 مكتبة قاسمية)

الفتاوى الهندية – (ج 1 / ص 172)

ومنها الفراغ عن الدين قال أصحابنا رحمهم الله تعالى كل دين له مطالب من جهة العباد يمنع وجوب الزكاة سواء كان الدين للعباد كالقرض وثمن البيع وضمان المتلفات وأرش الجراحة وسواء كان الدين من النقود أو المكيل أو الموزون أو الثياب أو الحيوان وجب بخلع أو صلح عن دم عمد وهو حال أو مؤجل

بداية المبتدي – (ج 1 / ص 32 مكتبة ومطبعة محمد علي صبحخ)

ومن كان عليه دين يحيط بماله فلا زكاة عليه وإن كان ماله أكثر من دينه زكى الفاضل إذا بلغ نصابا

فتاوي محمودية – (ج  9 / ص 322 فاروقية)

And Allah knows best

Wassalam

Ml. Ismail Moosa,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

We have reproduced below an article which was published in the monthly periodical of the Darul iftaa. This article will facilitate in giving a better understanding to the query which was asked.

  

Allah Ta‘ālā states in the Holy Quran,

وَأَقِيمُوا الصَّلَاةَ وَآَتُوا الزَّكَاةَ وَمَا تُقَدِّمُوا لِأَنْفُسِكُمْ مِنْ خَيْرٍ تَجِدُوهُ عِنْدَ اللَّهِ إِنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ

“And establish Salāh and pay Zakāh; whatever good you send forth for yourselves, you will find it with Allah. Certainly, Allah is watchful of what you do.”

Zakāh has two denotations in Arabic, namely growth and purification. Zakāh is paid as a means of purifying one’s wealth and fulfilling the obligation will be a means of increase and growth in the remainder of one’s wealth.

Calculating Zakah:

Zakāh will become compulsory on a sane and mature Muslim when his / her wealth exceeds the Nisāb and this amount of wealth is maintained for the duration of one entire lunar year. The Nisāb is 20 Mithqals (87.479 g) for gold and 200 Dirhams (612.35 g) for silver. Any currency equal to the amount of any of these Nisābs will also render Zakāh binding. For example, if the price of silver is quoted at R4.40 per gram then the Nisāb will equal approximately R2, 702. If one’s wealth decreases below the Nisāb during the year but before the expiry of the year, it reaches the Nisāb, Zakāh will be binding contrary to the case of the wealth not rebounding to amount of Nisāb upon the expiry of the year. However, if one loses his entire wealth, a new lunar cycle will begin after reaching the Nisāb for the second time. All debts and liabilities will be deducted from his wealth before calculating his estate. Only that particular year’s liabilities will be deducted from long-term debts such as car / home financing. Loans given and other receivables into one’s estate will be accounted for even if the person is not paid by his debtor for several years. Any gold or silver items such as jewelry, ornaments etc will also form part of Zakatable assets as long as the percentage of gold or silver in the item is more than the metal alloy with which it is amalgamated. Similarly, any items purchased for trade will be subject to Zakat and must be accounted for in the calculation. A person should add his / her cash savings, values of gold and/or silver, value of the merchandise of trade and any receivables from debts etc. Thereafter, he / she should deduct the amount of debts owed to others. If the value of the net total equals the Nisāb of gold or silver, he / she will have to pay 2.5% of the amount in Zakāh. Hereunder is a brief chart illustrating the calculation of Zakāh.

Personal Wealth

Amounts:

1.   Amount of Cash and Savings at home or in the bank

R 10,000

2.   Current value of any gold and silver jewelry, coins, utensils etc

R 5,000

3.   Value of  assets and merchandise for trade

R 20,000

4.   Receivables and loaned amounts to others

R 5,000

Total these amounts here:

R 40,000

Amount Debts to be paid:

R 20,000

Subtract the total amount of debts for the year from the above amount.

Nett Total of Zakatable Wealth

R 20,000

if the net total of Zakatable Wealth is more than the Nisab amount then…

Multiply the nett total by 2.5% (nett amount x 0.025)

R 500

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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