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Thursday, July 3, 2014

Zakaath, - Dought&clear, - He has invested money in the investment fund; how should he pay zakaah?




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I have investment funds in a bank. Do I have to pay Zakah on this amount? How much must I pay if yes? Should I calculate Zakah on the whole amount or only on the profit?.
Praise be to Allaah.
Firstly:
Zakaah on investments varies according to the intention of the owner.
If he invested in the company with the aim of benefiting from the annual profit on the shares, and not with the intention of dealing in them, then no zakaah is due on the shares themselves, rather he must pay zakaah on the yield, at a rate of one quarter of one tenth after one full hijri year has passed since he took possession of the yield.
But if the shareholder bought the shares with the intention of dealing in them, then the zakaah is the same as zakaah on trade goods. When the hijri year has passed since the shares came into his possession, he must pay zakaah on their market value, at a rate of 2.5% of that value and of the profit if the shares have made any profit.
End quote fromMajallat Majma’ al-Fiqh al-Islami(1/879).
Secondly:
If you bought shares with the aim of making profit only, and you paid 2.5% of the profits with the intention of paying zakaah, and you gave it to an organization to distribute it on your behalf, that is sufficient, but you should make sure that this organization has paid the zakaah. If you had taken the money and distributed your zakaah yourself, that would have been better.
But if you bought shares with the intention of trading in them, then you must work out their value at the end of the year and pay zakaah on it at a rate of 2.5% of their value.
And Allaah knows best.





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Zakaath, - Dought&clear, - He has a piece of land that is thesubject of a dispute with the municipality and he cannot sell it. Does he have to pay Zakaah on it?




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I have a number of pieces of land outside the city, with no lawful documents. All I have is just few papers of purchase I bought several years ago. Do I have to pay zakat on them? What shall I do now if I have to pay zakat? Bear in mind that these pieces of land were an issue of problems with the local municipality and we cannot valuate them now.
Praise be to Allaah.
If you bought this land with the intention of selling it, then you must pay the zakaah on trade goods, so you must work out its value every year and pay one quarter of one tenth (2.5%) of this value.
This is the basic principle concerning zakaah on trade goods. But if you cannot sell it and dispose of it because of the dispute with the municipality, then no zakaah is due on it for the period during which you are unable to dispose of it, because you are not in full possession of it. This is akin to a debt that is owed by a person who is delaying repayment or by one who is in difficulty.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about zakaah on land, i.e., a man bought a piece of land but did not pay zakaah on it for three or four years. After the purchase he submitted an application to the municipality to divide it into a number of lots. This process took three or four years and until now it is not complete. Is zakaah due on it for the previous period, or should zakaah be paid just once at the time of purchase?
Shaykh: Did he buy it to trade in it?
Questioner: He bought it to trade in it, but he thought, based on the fatwa of a scholar, that no zakaah is due on land, then it took too long to complete the application, and he cannot sell it in lots until it is completed.
Shaykh: And he cannot sell as one piece either?
Questioner: He cannot sell it as one piece, but the partners bought the land to divide it into a number of lots.
Shaykh: Meaning that it is no longer in his possession?
Questioner: No, it is still in his possession.
Shaykh: Are they partners?
Questioner: Partners means that they recorded the name of one person, one of the partners.
Shaykh: Firstly, may Allaah bless you, if he asked someone about whether there is no zakaah on it, and that person is reliable in his knowledge and religious commitment, then he does not have to pay zakaah, because Allaah says (interpretation of the meaning):“So ask of those who know the Scripture, if you know not” [al-Nahl 16:43]. But if he believed that zakaah is obligatory then he must pay zakaah, except for the years when he was unable to dispose of it, as there is no zakaah for those years, because this is like a debt owed by one who is in difficulty. But the correct view as far as I know is that trade goods are subject to zakaah.
End quote fromLiqa’ al-Baab al-Maftooh(11/148).
And Allaah knows best.





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Zakaath, - Dought&clear, - He put his building upfor sale and sold it a year later. Does he have to pay zakaah on it?




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He put his building upfor sale and sold it a year later. Does he have to pay zakaah on it?
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A man has a building which was put up for sale a year ago. Is there any zakaah due on whatever is left after paying off debts?.
Praise be to Allaah.
Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) said:
If this building which was sold after one year was bought to be sold (for profit), then zakaah is due on it, on the price for which it was sold. Zakaah should be paid if one full hijri year has passed between the time when its owner decided to sell it and the sale took place. But if he did not buy it in order to sell it (for a profit), rather he no longer had any need of the house or property, and he wanted to sell it, but it took so long because he could not find anyone to buy it, then there is no zakaah due on its price, but whatever he keeps of its price after paying off his debts, once one full hijri year has passed he should pay zakaah on it, but if he spends it before the year has passed then there is no zakaah due.
In conclusion: If this property is bought for trade, then he has to pay zakaah on it when one full hijri year has passed from the time when he decided to sell it, even if it has not yet been one year since he sold it. If he did not intend to trade it, rather he no longer had any need of it but he could not find a purchaser until after a year had passed, then he does not have to pay zakaah on its price, rather he has to pay zakaah on the money he receives, when a full year has passed. And Allaah is the Source of strength.





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Fasting, - Doupht&clear, - Time forImsaak (Starting the Fast) when the Calendar Timesare Different




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There are apparent discrepancies in the times of Salaat-ul Fajr stated on the different timetables distributed by the various mosques of the same town or city. Would it be a ‘safer’ practice if one was to follow the earliest of those times for the purpose of Imsaak (abstaining from eating, drinking, etc.)?
It is permissible to eat, drink, etc. until one is certain of the time of Fajr (interpretation of the meaning): “…eat and drink until the time where the ‘white’ and ‘black’ thresholds of Al-Fajr is evident to you…” [Soorat-ul Baqarah]
So, this means it is permissible to continue eating and drinking unless it is evident for one that it is time for Fajr. Fajr can be defined as the ‘white’ light spreading across the horizon from the eastern side. If one was unable to sight Al-Fajr and there was no one else who could tell him about it through means such as raising the Azaan (The call to prayers), then one should follow the timetable that, according to the best of his knowledge, is the most accurate. This accuracy is usually established through experience or by asking experts or the earlier Muslim residents of the area.




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