Zakah On Women’s Gold Jewelry September 19, 2006

   

                    Zakah On Women’s Gold Jewelry

All Praises be to Allah, Lord of the worlds. Peace and blessings be upon Muhammed, his family his companions and all those who follow in their footsteps until the Last Day.             

             I chose do some research on the ruling of zakah on jewelry. Before starting this I was under the opinion that zakah was to be paid on everything as long as it met its nisab (treshhold). As the prophet salalaahu alaihi wasalam encouraged us all men and women to give in charity. The wife of ‘Abd-Allaah, said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘Give in charity, O women, even if it is from your jewellery.”

These days woman have of a lot of gold jewelry. Although the majority of the scholars like Imam Shafie, Imam Malik Ibn Anas and Imam Ahmed Ibn Hanbali and others said that there is no zakah that should be paid on a woman’s jewelry. The jewelry they referred to is the one she wears occasionally. Once Jabir Ibn Abdullah was asked about zakah of jewelry; he replied, “None is needed even if it surpasses 1000 dinars”2. In Al-Muwatta it is reported from Abdur Rahman ibn al-Qasim from his father that Aishah used to take care of her nieces, who were orphans under her protection, and adorned them with jewelry without paying its zakat’. Also reported from Muwatta is that ‘Abdullah Ibn Umar used to adorn his daughters and slave girls with gold without paying out zakat’3.  Bayhaqi also narrates the case of Asma “Asma bint Abu Bakr used to adorn her daughters with gold. Although its value was around fifty thousand dinars, she did not pay zakat on it.”4

Where on the other hand Imam Abu Hanifa and Ibn Hazm took that opinion that is compulsory to give zakah of gold used by the woman, as jewelry for ornament and the jewelry must reach the nisab. Aisha narrated “The Messenger of Allah came to me and saw me wearing silver rings, whereupon, he asked: ‘What is this, Aisha?’ I replied: ‘I made them to adorn myself for you, O Messenger of Allah.’ He said: ‘Did you pay their zakat?’ I said: ‘No, or what Allah wishes.’ Then he said: ‘their punishment in Hell is enough for you”5. This view can also be based on the proof of many similar ahadeeth’s such as the report of Amr ibn Shu’ayb from his father from his grandfather: “Two women with gold bracelets on their wrists came to the Prophet. The Prophet said: ‘Do you want Allah to make you wear bracelets of fire on the Day of Judgment?’ They answered: ‘No.’ He said ‘Then pay the zakat which is due on what you wear on your wrists”6. Shaykh Ibn Baaz (may Allaah have mercy on him) said “if zakaah is owed by a woman who owns jewellery, and her husband or someone else pays it on her behalf with her permission, there is nothing wrong with that. Zakaah does not have to be paid from the jewelry itself, rather it is sufficient to give its value every time one hijri year passes, according to the value of gold and silver in the market at the time when the year is completed”7.  Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) also said “the correct scholarly view and the most likely to be correct in my view is that zakaah must be paid on jewelry if it reaches the nisab (minimum threshold), which is eighty-five grams. If it reaches this amount, zakaah must be paid on it. If she has other wealth and pays from that, there is nothing wrong with it. If her husband or one of her relatives pays it on her behalf, there is nothing wrong with that. If neither of these options is available to her, then she should sell some of it and pay zakaah with that money”8.  In another Hadith one narrated from Ummu Salamah Radiallahu anha said “I was wearing some shining golden jewelry and I said to the Prophet Muhammad Salalaahu alaihi wasalam is this a treasure?” He said: “Any thing that reaches the amount in which the Zakah is due is no longer a treasure as its Zakah was already given”9.

Although the majority of the scholars agree that zakah is not to be paid on woman’s gold jewelry, which she wears daily. They do agree that if the person is capable of giving the zakah they should. Because ultimately the zakah is for the poor and you will be rewarded for that. The calculations for the zakah on gold are as follows that is 20 Mithqal (a measure which is equivalent to 85 grams of pure gold, 1 Mithqal = 425 grams) then one should pay ½ Mithqal as Zakah, i.e., 2.5% of the value of gold. Then one Islamic year (lunar) should pass after possessing the money.

    May Allah guide us all to that wish is best. Ameen

 

              

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1 Saheeh Al-bukari 1466 and Muslim 1000

2 Fiqhus Sunnah by Sayyid Sabiq Vol 1,pg 330-331.

3 Al-Muwatta

4 Bayhaqi

5 Narrated by Abu Dawud in his Sunan with a strong chain (Zakat), Daraqutni in his Sunan, and Bayhaqi in his Sunan (4:140)

6 Narrated by Tirmidhi

7 Fataawa Islamiyyah, 2/85 

8 Majmoo’ Fataawa Ibn ‘Uthaymeen, 18/138 

9 Reported by Abu Dowood

Your sister in Islam,

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