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:

as salaam alaikum wa rahmatullahi wa barakatuhu

i got married in the year 2004 n accordingly im liable to pay my zakaat from thr year 2005 i.e after completion of one year.wat all gold i hv is the one given to me by my parents n husband,the first year i paid my zakaat from my meher as my husband denied to pay sayin its nt his responsibility next year i was workin as a lecturer so i paid from my salary later i had to quit the job coz of family commitments so next year i paid my zakaat by sellin off a part of my gold.now this year too im ready to sell off again as its my obligation to pay zakaat,my question is------my mother in law says its my husbands responsibility to pay the zakaat as i dnt have any other source of income and my husband doesnt even give me any pocket money so dat i can save from it n how long will i sell my gold as this i have to pay for gold more than 7.5 tolas.so wat shud i do? 

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Answer:

Zakah on jewelry

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.

The primary responsibility of paying the ‘zakah’ lies on the person who actually owns the asset; thus in your particular case, since you are the inherent owner of the jewelry, the responsibility of fulfilling its ‘zakah’ obligations lies upon you.

If your husband (or your father/brother/uncle, etc.), of his own free will, opts and chooses to pay the ‘zakah’ for the possessions owned by you, it would suffice; but if for any reason, your husband refuses to pay the ‘zakah’ on the possessions or jewelry owned by you, you as the inherent owner will indeed be liable to fulfill your own ‘zakah’ obligations.

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 ‘zakah’ 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 spend in charity as they please).”

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