My sister has gold and silver which she got in marriage. The total amount of gold and silver she has got in marriage is above nisab level. But my sister is unable to give zakah as she does not have any means of livelihood. My sister’s husband refuses to pay zakah of the jewellery she has with her. I want to know whether my sister will be accountable for not paying zakah or it is duty of my sister’s husband to give zakah as he is the husband of her. Also whether in Shariah it is duty of husband or wife to pay zakah of jewelry?
Answer
(Fatwa: 1733/L1100/L=1433)
If your sister is the owner of those jewelleries then its zakah is wajib on your sister. She shall be sinful in case zakah is not paid. As salah is fardh on your sister and it is necessary on your sister to offer it, in the same way if zakah is fardh on your sister then it is necessary on your sister to pay it. If she does not have money then she should sell some jewellery and pay zakah. It is not necessary on husband to pay the zakah of wife’s jewelleries. However, if the husband pays it with the permission of wife then zakah shall be paid.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband