1) I had a appartment worth 150,000/- Euros(sold already now) on which I had mortgage amount remaining of 75,000/- Euros….. 2) I have 150,000/- Euros in my bank account for last 8 months, but I had more than Nisaab

Answered according to Hanafi Fiqh by Askimam.org

Assalam-u-Alaikum,

I have couple of questions…

1) I had a appartment worth 150,000/- Euros(sold already now) on which I had mortgage amount remaining of 75,000/- Euros.
I had tenants lived there for few years. The rent I was getting was used towards paying back
the mortgage and utility bills, I didn’t pay Zakat on this appartment in the past so now I’m just worried to know that do I have to pay zakat on this appartment for the years I owned the appartment?
if yes and if I dont have cash to pay zakat on this appartment while it was mine, how could I pay?

2) I have 150,000/- Euros in my bank account for last 8 months, but I had more than
Nisaab (minimum zakaatable amount) around the year, now for last 3 months I was looking for another house to live
and now I found a new house. I have to pay my savings of 150,000/- Euros there but after completing a full year of Zakat calculation.
Do I have to pay zakat on this amount now even this amount is going to my new house in couple of months?

There is no islamic banking option in Netherlands, what should I do
Also renting is far expensive than buying house here. Please advise

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

In principle, if one has excess wealth equivalent to or more than the nisab amount for an entire lunar year, then 2.5% zakat is compulsory on that excess amount. The excess amount will be after deduction of ones liabilities.

The nisab amount can be checked at www.jamiat.co.za

Accordingly, once you sold your apartment and paid for the balance due, if the remaining amount is equal to or more than the nisab, and you have it for a full lunar year and you deducted all your liabilites, then zakat is due. Therefore, if that is the case with the 150,000 Euros in your account, then zakat must be paid on that even if the amount will be going towards a new house in a few months.

Lastly, you have stated that there is no Islamic banking option in the and that renting a home is more expensive than buying one there. It is important to mention that if buying a home there requires one to take an interest-based loan or mortgage, then one must rent as this would save them from paying interest, which is strictly forbidden in Shari’ah.

 

( 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

(Fatawa Al-Hindiyya, 1/190, Rashidiyya)

And Allah knows best

Wassalam

Ml. Asif Umar,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

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