Zakah on disputed property.
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,
i have a property (a house), initially purchased it for investment
purpose, still the property is in my name, but due to some dispute i am
unable to sell it. nor am i/or any family menber, is using that house for
any purpose. nor can i rent it. however its value is increasing every year wrt
the property rates.
is zakat applicable of such disputed property?
sukran
jazakallah khair,
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
confidentiality.)
Answer:
Zakah on disputed
property
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 brother, if the property in question legally
belongs to you and/or is in your possession, then indeed you would be liable to
pay ‘zakah’ annually at the rate of 2.50% on the fair market value of the
property.
If perchance there is a legal dispute regarding the
ownership of the property, and you have no access to the property, neither to
rent it, nor to sell it, nor to use it…..then the scholars and the jurists are
of the opinion that one has the option of delaying one’s zakah dues on the
property until the legal dispute is settled.
If perchance the dispute is settled in your favor, then
you would be liable to pay the ‘zakah’ for all the unpaid years; and if the
judgment of the case is against you and you lose the property, then you would
obviously not be liable for its ‘zakah’.
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