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Topic initiated on Friday, March 23, 2007  -  7:14 AM Reply with quote
issues about zakah

I would be grateful for views of my learned particpants on the issues pertaining to zakah

1. My understanding is that zakah is the only tax that can be charged by an Islamic state on its muslim population and they do not pay any other tax.

2. If someone lives in a non muslim country, paying 40% tax, in addition pay council/poll tax and other additional taxes, road tax, VAT. Do we still have to pay full zakah on top. If so is it zakah on full income or after paying the above mentioned taxes.

3. What happens if someones owe's money, I refer to mortgage, which most people have. Do we take money equivlent to mortgage owed out of the equation? if so then theoretically there would be no zakah left.

many thanks

Posted - Monday, March 26, 2007  -  10:08 PM Reply with quote
As salamu alaykum,

The Prophet () said:

“Islam has been built (by Allah) upon five: The testimony (Shahaadah) that none has the right to be worshipped except Allah, and that Muhammad is the Messenger of Allah (Laa ilaaha illAllah, Muhammad ur Rasoolullaah); establishing Salaah, giving Zakaah, Fasting (Sawm) the month of Ramadan, and performing Hajj to the House [of Allah] (the Ka’bah).” (Bukhari and Muslim)

Ya Ikhwan, Zakaah is an obligation upon us Muslims whom fulfill the conditions of zakaah. The taxes of this country are not like that of zakaah and one must differentiate between the two. I recommend you sit with a learned Muslim of Fiqh who insha’Allah ta’ala can go through the details of zakaah for you. There is a good introduction to zakaah by Yasir Qadhi http://audioislam.com//audio/fiqh/zakat/fiqh_of_zakah.mp3
and the book ‘Fiqh az Zakat’ is a very detailed explanation.

As for mortgages then dealing with riba (interest, usury) is haraam according to the Qur’aan, Sunnah and scholarly consensus. So it is not permissible to do that, no matter how great the need. The fact that a person may need a house or car, or to get married, or any other need, does not give him the excuse to do something that Allaah has forbidden. The Muslim has to fear Allaah and remember that He is always watching; he should prefer the Hereafter to this life. If he finds someone who will lend him the money then all well and good. If he cannot find anyone who will do that then he could borrow from a Muslim, taking a loan with no interest involved. If he cannot find anyone to lend him money then he should be patient in the hope of earning reward. Whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than that.

Interest-based Dealings with Banks and its Zakaah
Q. Many people deal with banks, and it may be that they get into impermissible dealings like interest. Is Zakaah to be paid on this amount, and how is to be offered?

A. It is impermissible to deal in interest, whether with banks or anything else, and all the profits gained from interest are impermissible. They are not considered his wealth, and if he took possession of it knowing the ruling of Allah in its regard, it is obligatory that he disposes (of that wealth) by giving it to charitable purposes. If he has not taken possession of it, he is only allowed to take back his capital amount, as Allah () said:

“O you who believe! Be afraid of Allah and give up what remains (due to you) from interest, if you are (really) be‐lievers. * And if you do not do it, then take a notice of war from Allah and His Messenger. But if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums).” [Surah al‐Baqarah (2):278-279]

If he had taken the interest before knowing the ruling of Allah in its regard, he may keep it and it is not obligatory upon him to dispose of it, as Allah said:

“Allah has permitted trading and forbidden interest. So whosoever receives an admonition from his Lord and stops eating interest shall not be punished for the past; his case is for Allah (to judge); but whoever returns [to dealing in interest)], such are the dwellers of the Fire they will abide therein.” [Surah al Baqarah (2):275]

The person must pay Zakaah on that portion which is not from the profits of interest, as he does for all his other wealth upon which Zakaah is due. But if he did not have knowledge of its impermissibility, Zakaah must also be paid upon the profits made from interest before, for it is like the rest of his wealth due to the verse mentioned above, All Guidance to Correct‐ness is from Allah. (Majmoo’‐ul Fataawaa, Abdul‐Azeez ibn Baaz, v.14, p,153)

Edited by: traveller on Monday, March 26, 2007 10:10 PM

Edited by: traveller on Monday, March 26, 2007 10:11 PM

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