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:

Assalaam alaikum warahmatullahi wabarakatuhu

Do I need to pay the zakaat on my gold which is payable even if I was  not owning it? It was not with me.It was in the possesion of some one else for more than 20yrs. It was taken by fraud and was being invested to occupy much more from it. Example when  a piece of land  was to be bought my gold was  given as morgage to the bank people and then release it once the whole some of money was paid. This year only it is returned to me but still I am not owning it .It is with another person and waiting for me to go and collect it. She  is in another country.please guide me what shall I do for the matter of zakat for all these 20yrs.

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Answer:

Zakah on gold not owned

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.

Respected sister in Islam, if the gold you owned was usurped by someone else by fraud and was not in your possession or control, then obviously there is no ‘zakah’ due on that gold from you.

When the gold is ultimately returned to you and is in your possession for a period of one full lunar calendar year, only then would you be liable to pay the zakah on that gold.

But if you had yourself given your gold to someone for safekeeping, then indeed you would be liable to pay zakah annually on that asset. But since someone has unjustly usurped your gold, it would be treated as if someone had stolen your asset, and you are not liable to pay zakah on stolen or lost assets in Shariah.

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