And [in the daytime and at night]
establish regular prayers and pay Zakat and [for
the cause of your religion and state] lend to Allah a
befitting loan, and remember whatever good you send forth
for yourselves you shall find it with Allah better than
before and greater in reward. (73:20)
In the verse quoted above, and at
numerous other places in the QurÕan, Muslims are
directed to pay Zakat from their wealth. In
religious parlance, Zakat means the wealth given in
the way of Allah to obtain purity of heart and to obtain
the blessings of Allah. The root of the word Zakat,
in Arabic, has two meanings "purity" and "growth". The
words "purify them" in the first and "people who will
increase their wealth" in the second verse of the QurÕan
quoted below allude to these two meanings of the word:
Take alms from their wealth [O
Prophet!] in order to cleanse them and purify them with
it. (9:103)
And that which you give as loan on
interest in order that may increase on other peopleÕs
wealth has no increase with Allah; but that which you
give as Zakat, seeking AllahÕs countenance, it is
these people who will increase their wealth [in the
Hereafter]. (30:39)
Subsequently, this word was
specifically used for the wealth a Muslim gives to those in
authority to meet the collective requirements of a state.
It is evident from the QurÕan that like Salat
(prayer), Zakat has always remained an essential
ingredient of the Shari'ah given to the Prophets of
Allah. When the Almighty directed the Muslims to pay
Zakat, it was not an unknown thing to them. All the
followers of the religion of Abraham (sws) were well aware
of its philosophy as well as its rates and statutory
exemptions. Consequently, there was no need to state the
details of Zakat in the QurÕan. It was a
pre-existing Sunnah which the QurÕan only
revived and which the Prophet (sws), on the AlmightyÕs
bidding, established as a directive of he Shari'ah
among the Muslims. If, irrespective of the differences of
the Jurists in understanding the concept of Zakat,
the details of this directive which have reached us through
the consensus of the Companions of the Prophet (sws) and
their practical perpetuation, and which now stand validated
through the consensus of the Ummah are studied as
regards their bases in the Shari'ah, then they can
be stated as:
1. Items
Nothing except means of production, personal items of
daily use and a fixed quantity called nisab are
exempt from Zakat. It shall be levied annually on
wealth of al sorts, livestock of all types and production
of all forms of every Muslim citizen who is liable to it.
However, if some need arises, an Islamic State can give
relaxation on any item.
2. Nisab
The statutory exemptions in wealth, livestock and
agricultural production are fixed as:
(a) Wealth: 5 ounces / 612 grams of silver or
its equivalent.
(b) Production: 5 Wasaqs / 1119 kilograms of
dates or their equivalent.
(c) Livestock: 5 camels, 30 cows, 40 goats.
3. Rates
(a) Wealth: 2 ð% annually
(b) Production: (i) 5 %: on all items which are
produced both by the interaction of labor and capital, (ii)
10 % on items which are produced such that the basic factor
in producing them is either labor or capital and (iii) 20%
on items which are produced neither as a result of capital
nor labor but actually are a gift of God.
(c) Livestock:
(i) CAMELS
--- From 5 to 24: one she-goat on every five camels.
--- From 25 to 35: one one-year old she-camel or in its
absence one, two-year old camel.
--- From 36 to 45: one two-year old she-camel.
--- From 46 to 60: one three-year old she-camel.
--- From 61 to 75: one four-year old she-camel.
--- From 76 to 90: two two-year old she-camels.
--- From 91 to 120: two three-year old she-camels.
--- Over 120: one two-year old she-camel on every forty
camels and one three year old on every fifty camels.
(ii) COWS
--- one one-year old calf on every thirty cows and one
two-year old calf on every forty cows.
(iii) GOATS
--- From 40 to 120: one she-goat.
--- From 121 to 200: two she-goats.
--- From 200 to 300: three she-goats.
--- Over 300: one she-goat on every hundred goats.
4. Heads
The heads in which Zakat is to be spent were
never unclear. It was always expended on the poor and needy
and on the collective requirements of the Muslims. However,
when the hypocrites in the time of the Prophet (sws) raised
certain doubts about these heads, the QurÕan
unequivocally stated them:
Zakat is only for the poor and
the needy, and for those who are Ôamils over it,
and for those whose hearts are to be reconciled [to the
truth], and for the emancipation of the slaves and for
those who have been inflicted with losses and for the way
of Allah and for the welfare of the wayfarers. An
obligation decreed by the Almighty, the All-Knowing and
the Wise. (9:60)
Here are some details of the heads of
Zakat mentioned in this verse:
(a) The poor and the needy.
(b) al-'aamilina 'alayha:*
the salaries of all the administrative officials of the
state .
(c) al-mu'allafat-i-qulubuhum: all political
expenditures in the interest of Islam and the Muslims.
(d) Fi al-riqab: For liberation from slavery of
all kinds.
(e) Gharimin: For helping people who are
suffering economic losses, or are burdened with a fine or a
loan.
(d) Fi sabilillah: For serving Islam and for the
welfare of the citizens.
(e) Ibn al-sabil: For helping travelers and for
the construction of roads, bridges and rest houses.
This is all as far as the Shari'ah regarding
Zakat is concerned. However, since there exist some
general misconceptions about it, the following points must
remain in consideration:
Firstly, there is no basis in the QurÕan and
Sunnah for the condition of personal-possession (tamlik-i-dhati)
imposed by our jurists. Therefore, just as Zakat can
be given in the personal possession of an individual, it
can also be spent on projects of his welfare**.
Secondly, if the basis of the directive is taken in
consideration, industrial produce of all forms, production
of all forms based on various skills, rent of various items
or buildings of all forms and fees of all forms obtained in
various ventures must be classified as produce and not as
wealth; therefore, their rates and nisab should be
those specified by the Prophet (sws) for land produce.
Thirdly, according to the above mentioned principle,
Zakat on leased-out houses, properties and other rented
items should be 10% of the rent and if they are not rented
out, it should be 2 1/2 % of their market value.
Fourthly, the nisab of all items which are
analogously linked such as those above, can be fixed by the
state if need be by analogy with the ones specified.
*.
This is because state servants in reality collect Zakat
and disburse it in its heads (al-'aamilina 'ala
akhdh al-dara'ib wa raddiha il al-masarif).
Consequently, this is a very subtle expression the
Qur'an has adopted here to convey its purport. No
doubt, that generally people have not been able to
comprehend this expression; however the construction I have
referred to above of this expression unfolds this meaning
upon very little deliberation.
**. For a
detailed discourse on this topic please see "Mas'alah i
Tamlik' in IslahiÕs 'Tawdihat'.
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