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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:

Brother,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.

(May Allah`s Peace, Mercy and Blessings be upon all of you)

One of my friend has following questions for you, please advise. Thank you.

"If husband pay zakat on wife's gold for last 15 years, can he claim that he has paid her denmohar in these days.

Say his den mohar is usd 8000 but husband has paid half during marriage, but last 15 years he is paying zakat on behalf of his wife  usd 285 p/yr so as total USD 4275. Therefore all together USD 8275.

Moreover, the value of gold was USD 100/ p bhari and now it is USD 500. So in terms of asset value and as wife supposed to pay her zakat by own but her husband have paid already and keep the value of Gold/ Jewlery at high value without selling any karat.

The wife had gold asset  100 x 100 = 10,000 USD (15 yrs back) and now it is valued at USD 50,000. In this case does husband has share as followed.

USD 50,000 Less 10,000 = USD 40,000.

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Answer:

Husband pays zakah on wife gold as mehr

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 believer who actually owns the wealth, thus in this case it is the wife who herself is responsible for making sure that the zakah for her jewelry is paid every year. The husband or the guardian of the woman who owns the wealth is not legally liable to pay for the zakah for the wealth of the believing woman. But if the husband, or father, or brother, or son of the believing woman, of their own will, wish to fulfill the zakah for her, there is absolutely no harm.

The ‘mehr’ on the other hand is an agreed amount which is an obligation due from the husband unto his bride.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 4:

4 And give the women (on marriage) their dower (mehr) as a free gift; but if they of their own good pleasure remit any part of it to you take it and enjoy it with right good cheer.

We wish to clarify here that the annual ‘zakah’ dues and the ‘mehr’ obligation are two completely distinct and different elements and cannot be intervened into one!!!

Your Statement: …."If husband pay zakat on wife's gold for last 15 years, can he claim that he has paid her denmohar in these days.

If the husband chose to pay the zakah for the wealth owned by his wife for 15 years, there is absolutely no harm…..but that cannot be considered as fulfilling the agreed ‘mehr’, unless and until there was a specific agreement between the husband and the wife beforehand that the annual amount of zakah the husband would pay would form a part-payment of the ‘mehr’ he owed her.

A better way to fulfill the ‘mehr’ would be to give the agreed amount of ‘mehr’ to one’s wife, and let the wife choose how she wills to spend that amount. If she wills to spend the ‘mehr’ amount on herself, that is fine; and if she wills to spend a part of the ‘mehr’ amount to pay her annual ‘zakah’, she is well within her rights to do so!

But after the husband has paid the annual zakah for the wealth of his wife for 15 years, he cannot after so many years turn back and say that the amount he paid as zakah for her be taken out of the ‘mehr’ obligations he owes her!!!!

Your Question: ....The wife had gold asset  100 x 100 = 10,000 USD (15 yrs back) and now it is valued at USD 50,000. In this case does husband has share as followed.

USD 50,000 Less 10,000 = USD 40,000.

Just as a man has a right to own wealth, Islam has given the exact same rights to a woman….that she too can be the owner of her own wealth!

Just because the husband chose to fulfill the zakah of his wife for 15 years, he has absolutely no right to claim ownership of the jewelry of his wife!!!

Regardless of who paid the zakah for the jewelry owned by the wife, the wife will remain the legal owner of her jewelry, unless she herself chooses to give, gift, or sell a part of it herself.

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