Do I have to financially support her personally? – Both myself and my wife have lived with our in-laws throughout our marriage because of financial restriction, I am currently on a Ship (work) and will be away from my wife and daughter for a period of 6 months, we stayed with her mother for the best part of 18 months and my intentions were for her to stay with my family (mother and young sister for 6 months) which would allow us to get our own place the day I got back home. – However my mother in-law was not happy with this prospect and started to cause trouble between me and my wife. 1 week into this 6 month trip my wife has left the house which I have provided for her without my consent or even discussing the issue with me and gone back to her mothers flat and later told me that she intends to stay there for the duration of my time away. This will affect the outcome of what we had intended to do when I got back in regards to getting our own place. Heated exchanges were passed back and forth. – 3 weeks into my trip she says things are not working out and she wants a divorce, I am in the Military so I can’t just pack my bags and leave to go back and try talking some sense into her since a divorce will have implications on our 8 month old daughter’s future.
Question 1- I have always provided for my family (wife and daughter), I still provided for both util the day she asked for a divorce, now i only provide for my daughter with anything that she requires, monthly groceries, clothes & some money to replenish anything else that she requires over the month, but am I right to assume that I no longer have to financially support my wife who no longer listens to anything I says?
Question 2 – My wife has started the Divorce process and I received my first mail from the organisation, in my response I have asked for the divorce process to be put on hold until I get back home as I want to clear my name from the accusations she has accused me off. I am away for the duration of 6 months and theres nothing i can do to get me back earlier. Is this a reasonable demand to ask for or can the divorce carry on without my say so?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
- 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[1]. 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.
- Zakat is payable on the goods, money gold and silver that are in your possession on your “Zakat day” even if they came into your possession a few days before your “Zakat day”. Your “Zakat day” is that day of the year (according to the Lunar calendar, not the Gregorian calendar) on which you first became the owner of Nisāb (value of 612.35 grams of silver)[2]. For example if the first time you became the owner of money equal to the Nisāb or more was on the 10th of Ramadan, than your “Zakat day” is the 10th of Ramadan i.e. you will calculate your Zakat based on the goods, money, gold and silver that are in your possession on the 10th of Ramadan every year.
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. |
|
|
Net Total of Zakatable Wealth |
R 20,000 |
|
if the net total of Zakatable Wealth is more than the Nisāb amount then… |
|
|
Multiply the net total by 2.5% (net amount x 0.025) |
R 500 |
And Allah Ta’āla Knows Best
Asim Patel
Student Darul Iftaa
Venda, South Africa
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net
(فتح القدير 3/460) الزَّكَاةُ وَاجِبَةٌ عَلَى الْحُرِّ الْعَاقِلِ الْبَالِغِ الْمُسْلِمِ إذَا مَلَكَ نِصَابًا مِلْكًا تَامًّا وَحَالَ عَلَيْهِ الْحَوْلُ
(وَمِنْهَا حَوَلَانُ الْحَوْلِ عَلَى الْمَالِ) الْعِبْرَةُ فِي الزَّكَاةِ لِلْحَوْلِ الْقَمَرِيِّ كَذَا فِي الْقُنْيَةِ. (الفتاوى الهندية 47/5)
كتاب الفتاوي 257/3 (زمزم پبلشرز)
وَمَنْ كَانَ لَهُ نِصَابٌ فَاسْتَفَادَ فِي أَثْنَاءِ الْحَوْلِ مَالًا مِنْ جِنْسِهِ ضَمَّهُ إلَى مَالِهِ وَزَكَّاهُ الْمُسْتَفَادُ مِنْ نَمَائِهِ أَوَّلًا وَبِأَيِّ وَجْهٍ اسْتَفَادَ ضَمَّهُ سَوَاءٌ كَانَ بِمِيرَاثٍ أَوْ هِبَةٍ أَوْ غَيْرِ ذَلِكَ، وَلَوْ كَانَ مِنْ غَيْرِ جِنْسِهِ مِنْ كُلِّ وَجْهٍ كَالْغَنَمِ مَعَ الْإِبِلِ فَإِنَّهُ لَا يَضُمُّ هَكَذَا فِي الْجَوْهَرَةِ النَّيِّرَةِ. الفتاوى الهندية (47/5)
وأما المستفاد في أثناء الحول فيضم إلى مجانسه ويزكي بتمام الحول الأصلي سواء استفيد بتجارة أو ميراث أو غيره
مراقي الفلاح شرح نور الإيضاح (ص: 271)
فتاوي محموديه 315/9 (جامعه فاروقيه)
Contemporary Fatawa p:174