Is Zakah Due on Properties in Debt?
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Is Zakah Due on Properties in Debt?

Questioner

Nader

Reply Date

Nov 12, 2017

Question

As-salamu`alaykum. I have two questions:1. My mother has 8 vori (1 vori = 11.3 gram) gold and about 1 lakh taka. My father has home loan and he needs to pay about 55 thousand taka every month for 14 years to the bank. So, should my mother pay Zakah for the money and the gold considering my father has to pay the loan? If yes, then how much?2. A lady has few lakhs money in the bank which she does not use but this money is used by her brother for business purposes. Is Zakah due on her?

Mufti

Answer


Zakah

Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.


In this fatwa:

The debt on the house that your father has to pay does not affect the Zakah he has to pay if he possesses the nisab, as this debt will be paid from future income.


In his response to your question, Prof. Dr. Monzer Kahf, Professor of Islamic Finance and Economics at Qatar Faculty of Islamic Studies, states:

The debt on your father is against his future income. It is not going to be paid from his present funds and accounts.

Let me assume that your father has a bank account, some stocks and shares and business the total of all of which on the day of Zakah is more than the amount of nisab, Zakah is due on him on all this balance as long as the debt is not going to be paid out of these items.

Debts on a house are always to be paid from future income not present items.

Add to that the fact that your mother is, according to the Shari`ah, financially independent from her husband. She is required to pay Zakah on her own property while he may be considered poor.

For the lady who has money in the bank and lets her brother use sometimes, she is definitely required to pay Zakah on the balance of total money, the bank accounts and debts on her brother.

Allah Almighty knows best.

Editor’s note: This fatwa is from Ask the Scholar’s archive and was originally published at an earlier date.




About Prof. Dr. Monzer Kahf

Professor of Islamic Finance and Economics at Qatar Faculty of Islamic Studies

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