Paying Zakat in Installments?

Question
As one year completed on my savings I had to pay Zakat on it but I didn’t have enough money to pay so I paid 1/3, and say as I get more money I will pay later. Before few days I had money so I put out remained Zakat which I had to pay, but here I didn’t find any one to give Zakat. I keep that money separate but I didn’t give to any one, now after few days I have had more savings so kindly tell me should I give Zakat on that new sabings or give when one year will have been passed?

Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger, may Allah exalt his mention as well as that of his family and all his companions.

Every savings that reaches the minimum amount liable for Zakat, which is 85 grams of gold, and if a whole lunar year elapses on it. In this case Zakat has to be paid on it immediately and it should not be delayed, except for a short period if one does not find a poor person to give it out to, or due to waiting for the return of a relative to give it to him and the like.

Ibn Qudamah, may Allah have mercy on him, said: ‘If one delays paying the Zakat in order to give it to a relative who deserves it, or someone who is very much in need for it, it is permissible to wait for a short period, but it would not be permissible if one has to wait for a long period.”

As regards delaying the payment of Zakat on this savings because of the lack of cash money, then this is not a sound excuse, but it is an obligation to give a portion of this money to the people who are eligible for Zakat.

Allah knows best.

Source: https://www.islamweb.net/emainpage/PrintFatwa.php?lang=E&Id=89551


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Fatwa on Payment of Zakat on Company Shares

The Council of the Islamic Fiqh Academy, holding its Fourth session, in Jeddah, (Kingdom of Saudi Arabia), from 18 to 23 Jumada Thani 1408 H (February, 6 to 11, 1988). Having considered the research papers submitted to the Academy concerning “Payment of Zakat on company shares” ;

Issued by: International Islamic Fiqh Academy – مجمع الفقه الإسلامي 642 (https://ifikr.isra.my/fatwa/final_level2/GIC11/4827)

Bismillah Arrahman Arrahim

Praise be to Allah, the Lord of the Universe, and prayers and blessings be upon Sayyidina Muhammad, the last of the Prophets, upon his Family and his Companions.

RESOLUTION No 28 (3/4)

CONCERNING PAYMENT OF ZAKAT ON COMPANY SHARES

The Council of the Islamic Fiqh Academy, holding its Fourth session, in Jeddah, (Kingdom of Saudi Arabia), from 18 to 23 Jumada Thani 1408 H (February, 6 to 11, 1988).

Having considered the research papers submitted to the Academy concerning “Payment of Zakat on company shares” ;

RESOLVES,

First: Zakat funds may not be remitted to the Waqf of the Islamic Solidarity Fund (ISF) because this would lead to barring of Zakat funds from its legitimate beneficiaries defined in the Holy Book.

Second: The Islamic Solidarity Fund (ISF) may act as an agent for individuals and institutions in channeling Zakat to its legitimate beneficiaries under the following conditions :

  1. The rules of Shari’a for such an agency should apply to both principal and agent.
  2. The ISF should amend its statutes and objectives so as to be qualified to undertake operations of this nature.
  3. The ISF should set up a special account to handle funds received as Zakat, so that they may not be mixed with other contributions received for purposes other than Zakat

Zakat funds shall not be utilized for covering administrative expenses such as wages, salaries or other expenditures that are not among approved Zakat expenses.

  1. The payer of Zakat shall be entitled to choose the beneficiary among the eight recognized channels of Zakat and the ISF —in such case- must comply with his wish.
  2. The ISF shall disburse such Zakat funds to the beneficiary as speedily as possible, within a maximum period of one year, so that beneficiaries may utilize their shares.

THE COUNCIL

Eager to enable the Islamic Solidarity Fund (ISF) to fulfill its charitable aims (as stipulated in its statutes) and for which it was established ;

Committed to the resolution of the 2nd Islamic Summit Conference, which created the ISF and set the mechanism of its financing through contributions from the Member States ;

Considering the sporadic remittances of voluntary contributions by some states;

URGES Muslim countries, Governments, institutions and prosperous individuals to perform their duty and consolidate the resources of the ISF so that it may fulfill its noble objectives in the service of the Islamic Ummah.

Verily, Allah is All-Knowing


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Is Advance Payment of Zakat Permissible? (Shafi’i School)

Is it permissible to pay zakat in advance of the fiscal year-end, for more than one year. Can I, for example, pay 2 or 3 years of zakat in advance. Of course making sure to make necessary adjustments in the future if there is any shortfall.

In the Shafi’i school, a person may pay one’s Zakat in advance of possessing the wealth for one lunar year (hawl). There are, however, conditions to advance payment. In order for one’s advance payment of Zakat to be valid:

  1. One must possess the Zakat-payable amount (nisab). If one wants to pay in advance and does not possess an amount that obligates one to pay Zakat (nisab) then one may not pay in advance. This is because it is the nisab that makes paying Zakat obligatory, and if one does not possess the nisab then paying Zakat does not make much sense. It is equivalent to paying money for something one has not bought. But then after a year if ones decided to purchase the item, one cannot say to the seller, “Please consider the money that I gave to you one year ago as payment for this item.”
  2. The person paying in advance must be eligible to pay Zakat for the entire year that they have paid in advance for.
  3. The property for which one is paying Zakat has not been destroyed nor has decreased under the Zakat-payable amount (nisab) for the duration of that year.
  4. The recipient of the Zakat remains eligible for receiving Zakat for the duration of that year.

Shafi’i scholars also stipulate that one can only pay in advance for one year. Therefore, one may not pay Zakat for two or five years in advance. (Refers to Bushra al-Karim, pg. 520-23, Fiqh al-Manhaji, pg. 315-316)

It is permissible, in the Shafi’i school, to pay Zakat al-Fitr once the month of Ramadan begins. One need not wait until after Fajr prayer the day of Eid to pay Zakat al-Fitr.

There are other details to this issue, inshaAllah what is here serves as sufficient guidelines one can follow. Allah the Exalted knows.

Answered by Shaykh Omar Qureshi.


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Payment of Zakat

The prompt payment of Zakat is compulsory when the means are available, and it is not permissible to postpone its payment except in cases of necessity e.g. if the money is in a country that is far away, or the person is serving a jail term etc. Evidence for the prompt payment of Zakat is in Quran (which mean): “…but pay the due thereof on the day of its harvest” (Al-An’am: 141), “…and give Zakat” (An-Nur: 56); (a Qur’anic order), as an order necessitates prompt compliance….

When The Payment of Zakat is Due
The prompt payment of Zakat is compulsory when the means are available, and it is not permissible to postpone its payment except in cases of necessity e.g. if the money is in a country that is far away, or the person is serving in a jail term etc.

Evidence for the prompt payment of Zakat is in Quran (which mean): “…but pay the due thereof on the day of its harvest” (Al-An’am: 141), “…and give Zakat” (An-Nur: 56); (a Qur’anic order), as an order necessitates prompt compliance.

Ruling Concerning Advanced Payment of Zakat
It is permissible to pay Zakat up to two years in advance if the Nisab is complete at the time of advancing the payment.

Where Zakat Should be Paid
Although it is preferred to pay Zakat to the people of the country wherein the property lies, it is also permissible to transfer Zakat from its country of origin to another country, which is either near or far from the country where the property is located, for any specific reason, for example if the other country is experiencing extreme poverty, or if the payer of Zakat has relatives there who are poor (to the same extent as those in his own country). Indeed, paying Zakat to one’s relations who are in need is beneficial, i.e. it is charity (sadaqah) and also it strengthens the bond of kinship.

The opinion of the permissibility of transferring Zakat is correct, due to the statement of Allah Almighty: “As-Sadaqat (Zakat) are only for the Fuqara’(poor), and Al-Masakeen (the needy)” (At-Taubah: 60), i.e. the poor and the needy are everywhere.

That Which is Taken for Zakat and That Which is Not
Zakat is taken from the average of the wealth, not from its best nor from its worst. It is, therefore, not obligatory for one paying his Zakat to give the healthiest of his cattle, the pregnant one or the billy goat. Nor does he have to give the finest of his fruits; unless it so pleases him and he is satisfied with that.

But he may not give the bad instead of the good, unless all his wealth is bad or all his cattle were sick, in that case, he may pay his Zakat from that.

Allah Almighty says: “…and do not aim at that which is bad to spend from it, (though) you would not accept it save if you close your eyes and tolerate therein.” (Al- Baqarah: 267).

Instructions
1-The Zakat payer must investigate to see who are eligible to receive Zakat. It should not be only an annual habit, just giving it to anyone even if the people do not deserve it. The Prophet said: “But no rich man or one who is strong and able to earn has a share of it.” [Source: Abu Dawud]

2-The Zakat payer must strive to find those who rightfully deserve the Zakat and are most in need of it. The more a person shows the characteristics of rightfully deserving Zakat, the more he should receive it; such as a poor relative or a poor seeker of knowledge, and so on.

Those Who Deserve Zakat Most
It is important for the payer of Zakat to investigate to see who are most deserving of Zakat and who are in dire need of it. The more characteristics of eligibility one find in an individual, the more deserving he is of Zakat, e.g. a poor relative or a poor student of knowledge and so on, in this manner.

Important Facts About Zakat
Monetization of Zakat:
The basic way to pay Zakat is to pay it from what it is mandated on, but it is permissible to monetize it when a compelling need for this arises.

Relationship of State / Country with Zakat:
The norm is that Zakat on properties is to be monitored by the authorities and not left to the payers’ discretion. If the authorities, however, neglect this duty, the responsibility would then lie on every Muslim.

Investing the Zakat money to benefit the recipients:
It is permissible to invest Zakat money in beneficial projects whose benefits go to the people entitled to it when an immediate need requiring its prompt distribution is not found.

Is There Any Other Right Apart from Zakat e.g. Tax to Be Paid on a Property?

  • Zakat is a calculated periodic right payable from a property and it is an individual obligation upon everybody that has the capacity to pay it.
  • On one’s property, there are other rights apart from Zakat, which is characterised by being contingent and are not calculated according to any known formula as Zakat is. They are also not as constant as Zakat and do not become obligatory due to the presence of money; rather, they become obligatory due to some contingent reasons, and the ownership of money is a condition for it being obligatory. Examples include spending on one’s parents, relatives, wife, and in the prevention of any harm in times of disaster when the public treasury cannot take care of it.
  • Levies/taxes do not spare one from Zakat, even if they are equitable. Zakat is a form of worship, while the tax is a civic duty and one does not replace the other.