Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Dear Brother,
Assalamualikum

I have a query regarding Zakaat on gold. I got some gold as a gift during my wedding from my father & its total value is above the Nisaab limit. Since I am not earning, I want to know who is responsible for paying the zakaat.. is it me or my husband?

secondly, Do i have to pay Zakaat on the entire gold that I posses or only on the unused gold kept for one year, meaning the gold which I have not worn since one year.

Jazak Allah khair

A Mumeen sister 

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Answer:

Zakah on gold

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Question: Since I am not earning, I want to know who is responsible for paying the zakaat.. is it me or my husband?
The ‘mehr’ the woman receives as her right during her marriage, or any property or wealth she inherits from her deceased relatives, or any income she derives from her investments, or any gift she receives from her loved ones be it in the form of property, or cash, or jewelry, etc. will all be considered the private wealth of the woman; and if the private wealth of the woman is more than the prescribed ‘nisaab’ in Sahriah, she will be responsible and liable to pay the annual zakah dues on her wealth.

The responsibility of fulfilling the zakah dues lies entirely upon the person who owns the wealth, regardless of whether that person happens to be a man or a woman. If the husband or the father, of their own free will wish to fulfill the zakah dues of their wife (or daughter) from their funds, there is absolutely no harm; but if for any reason the husband or the father do not wish to fulfill the zakah dues of their wife’s (or daughter’s) wealth from their funds, it is the responsibility of the owner of the wealth to pay her annual zakah.

If the woman possesses wealth or property more than the prescribed ‘nisaab’ in Shariah, she is liable to fulfill her annual zakah dues, regardless of whether she is earning or not. If the woman does not have the funds to fulfill the zakah dues, she may sell a part of her wealth and fulfill her obligatory zakah dues and duty unto Allah Subhanah.

Your Question: secondly, Do i have to pay Zakaat on the entire gold that I posses or only on the unused gold kept for one year, meaning the gold which I have not worn since one year.
Sunan of Abu-Dawood Hadith 1558 Narrated by Abdullah ibn Amr ibn al-'As

A woman came to the Messenger of Allah (saws) and she was accompanied by her daughter who wore two heavy gold bangles in her hands. He (saws) said to her: ‘Do you pay zakat on them?’ She said: ‘No.’ He (saws) then said: ‘Are you pleased that Allah may put two bangles of fire on your hands?’ Thereupon she took them off and placed them before the Prophet (saws) saying: ‘They are for Allah and His Messenger (saws) (to distribute to the poor as they will).’

Beloved Sister, provided the value of the gold or the property which belongs to you is above the prescribed ‘nisaab’, regardless of whether you use them or not, you are liable to fulfill the obligatory annual zakah on the wealth that belongs to you.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan