Zakat (Alms to the Poor)

The benefit of giving Zakat

Allah Ta'ala has stated that 'success is for those who give Zakat'. He has also stated 'Whatever you give, Allah will replace it with even more and Allah is the best at giving wealth'. He has also stated 'that those who are misers, then don't think that whatever Allah has given them due to His virtue that it is a good thing for them but it is a bad thing for them, because that item will be wrapped around their necks and a lock put on it for those who are tight with their money'.

Punishment and loss for not giving Zakat

Allah has also stated ' those who collect silver and gold and do not spend it in the path of Allah then they will be given severe punishment and give them the good news that when they are heated in the fire of Hell and with that their foreheads and sides and backs will be marked and they will be told that this is that gold and silver which you gained for your desire and so taste what you had gained'. The Holy Prophet Sallallaho Alaihi Wasallam has reported that 'the goods that are destroyed, are destroyed due to not giving Zakat'. He has also reported' that 'strengthen your possession by giving Zakat and heal your sick by giving Sadqa and pray to deter any difficulties and cry and perform worship'. He has also reported that 'Allah Ta'ala has made four things obligatory and those who only perform three of them and miss one then it will be of no use to them until all four things are not performed. Namaz,Roza, Zakat and Hajj, and he stated that those who do not give Zakat, their Namaz is not accepted [Tibrani, Abu Da'ud, Imam Ahmad]. Rule: Zakat is Farz and those who reject it as Farz are infidels and those who do not give Zakat are wrongdoers and worthy of execution and those who delay and do not give Zakat on time are sinners and their testimony or oath will not be accepted [Alamgiri,Bahar]. According to Shariat, Zakat is defined as from your goods to take one part for Allah which has been fixed by Shariat and to make a Muslim poor person the owner of it. Rule: To replace something is not giving Zakat, for example, to feed a poor person with the intention of giving Zakat as this would not be making the person the owner of the money. However, if food is given and whether he eats it or takes it with him then this will be counted as giving Zakat and in the same way if clothing is given with the intention of Zakat then the Zakat will be fulfilled [Durr-e-Mukhtar]. Rule: It is also a condition to make someone the owner that knows how to accept, it, meaning if someone throws it away or is easily fooled into giving it away then this is not counted as making someone the owner, for example if a small child or an insane person is given Zakat then it will not count. If the child does not have sense then the Zakat should be given to his father who should also be poor and then should be made the keeper or the child's guardian or person looking after the child [Durr-e-Mukhtar, Radd-ul-Mohtar, Bahar].

Conditions when Zakat would become necessary

Rule: There are a few conditions when Zakat would become necessary. 1. To be a Muslim 2. To be an adult 3. To be sane 4. To be free (i.e. not a slave) 5. To be the owner of goods above Nisaab (threshold - where Zakat would become necessary) 6. To be a complete owner of the goods 7. To be free from any sort of loan 8. To be free from any goods which are regarded as basic necessities of living 9. The good have a value which will increase 10. For a year to pass Rule: Zakat is not necessary for an infidel. If an infidel became a Muslim then he would not be ordered to pay Zakat for goods from previous years when he was not a Muslim [All books]. Rule: Zakat is not necessary for a child [Hidava etc.]. Rule: Zakat is not necessary for a person who has been insane for a full year. If a person is sane at the beginning of the year and at the end of the year but was insane in the middle of then Zakat is still necessary. If a person is insane from birth and then after reaching adulthood he gains sanity then Zakat will become necessary from that year and not from the previous years [Johra, Alamgiri, Radd-ul-Mohtar, Bahar]. Rule: Zakat is not necessary for possession of goods which are below the fixed threshold of Shariat, meaning if a person had goods but were less than the threshold of Nisaab then Zakat is not necessary for them. Rule: You must have complete ownership of the goods, meaning if you had possession but was not an owner then Zakat is not necessary. Rule: If goods are lost or have fallen in the sea or someone has robbed him and he has no witnesses for the robbery or have been buried in a field and you are not aware of where you have buried it or you gave some goods to a stranger for safe-keeping and then that person took off with them or you lent some money to someone and he refuses to pay the debt back and you have no witnesses and then after a period of time you got your goods or money back, then Zakat is not necessary for the time the goods were not in your possession [Durr-e-Mukhtar, Radd-ul-Mohtar]. If you have loaned some goods to a person who says he will pay back but is delaying it or has become bankrupt or a Qazi has ordered that he is poor or is refusing to pay back and he has witnesses and then when you recover the goods back, then Zakat is also necessary for the time when it was not in your possession [Tanwir, Bahar]. Rule: If money or goods have been given as a deposit or guarantee, then Zakat is not necessary on the person giving the deposit or the person keeping the deposit nor is it necessary for the years that it was held when the deposit has been given back [Durr-e-Mukhtar, Bahar etc.]. Rule: If a person has enough goods above the threshold of Nisaab but he owes so much that by paying the debt off he would go below the threshold of Nisaab then Zakat is not necessary on them whether the debt is of a worldly nature (such as a loan or repayment for lost goods or payment) or if it is of a religious nature (such as previous Zakats), for example, if a person has been above the threshold of Zakat for only one year and he has not given Zakat for two years then only the first year's Zakat is necessary not for the second year, because after giving the first year's Zakat from his goods the goods then fall below the threshold therefore the second year's Zakat is not necessary [Alamgiri, Radd-ul-Mohtar]. A fixed time loan or Mehr does not stop you from giving Zakat Rule: If you borrowed money and you did not have to pay anything until after a fixed time (for example, you borrowed some money and the owner said don't pay me anything for five years and then pay the money back to me) then this will not stop you from giving Zakat [Radd-ul-Mohtar]. Also if the husband has to give so much money for Mehr, he still has to give Zakat because the wife does not ask for the Mehr [Alamgiri, Bahar]. Rule: A loan will stop you from giving Zakat when the loan is taken before the Zakat became Wajib and if money is borrowed after Zakat is due, then you will still have to give Zakat (for example, your year has finished and you are due to give 500 Zakat and then you take out a loan which takes you below the Nisaab threshold, the 500 Zakat will still have to be paid) [Radd-ul-Mohtar, Bahar).

Basic Necessities (Hajat-e-Asaliya)

Rule: Whatever goods are regarded as not the basic necessities and are above the threshold of Nisaab then Zakat is necessary. Hajat-e-Asaliya This means basic necessities that are required for living, such as, a house for living, clothes for wearing, goods for cooking and eating, animal/vehicle for transport, slave for helping, weapons for battle, tools for workmanship, books for knowledge and food stored for eating [Hidaya, Alamgiri, Radd-ul-Mohtar].

Zakat for three types of goods

The conclusion is that there are three types of goods which Zakat is necessary upon.

1. Gold and Silver. 2. Goods for business. 3. Animals which are kept for production and who eat on free range land. Rule: Zakat is not necessary on pearls and diamonds and other jewellery (except gold and silver) regardless of the amount, however, if they are purchased with the intention of doing business then Zakat is necessary [Alamgiri, Durr-e-Mukhtar, Bahar]. Rule: If a person has more than the threshold (Nisaab) and in the running year the goods increased then the new goods are not counted as a new year but when the year finishes for the old goods it will also finish for the new goods even if the new goods are acquired one minute before the year end. Rule: When giving Zakat or separating money for Zakat it is necessary to make the intention of Zakat. Intention means if asked you can without doubt say it is Zakat [Alamgiri]. Rule: If you gave money voluntary all year and then finally made the intention that whatever given was Zakat, then this will not count [Alamgiri]. Rule: Zakat money was in your hand and the poor snatched it away then the Zakat will count and if it fell on the floor and a poor person picked it up and if you knew the person and was happy, then the Zakat will count [Alamgiri]. Rule: Zakat money cannot be used in assisting the dead (buying Kafan, burial etc.) or for building a Mosque because this would not make the person the owner. If you want to spend money on things like helping the dead or building the Mosque then the method of doing this is to give the money to a poor person and then the poor person spends the money for these causes as this would mean both parties would gain reward. It is stated in the Hadith that if the money of Sadqa passes through one hundred hands then every person would gain as much reward as the first person who gave the money and there would be no decrease in the reward [Radd-ul-Mohtar, Bahar, Qazi Khan]. Rule: It is not necessary when giving Zakat to say to the poor that this is Zakat as only the intention is sufficient. If you gave the Zakat buy saying that this is a gift for you or it is a present for your children or Eid money and the intention is that you are giving Zakat, then the Zakat will count. The reason for this is because there are many poor people that feel ashamsd in taking Zakat and therefore you should not tell them that you are giving Zakat to them [Bahar]. Rule: If a person with Nisaab decides to give more than his Nisaab calculation of Zakat by giving the amount for two or three Nisaabs beforehand, and then at the end of the year he finds out that he had to give more than just one Nisaab and he had already done this by giving money before it's due time then this will count. However, if he had given more than what was due from him with the intention for that year and then at the end of the year it was more than his Nisaab calculation was due then he cannot carry the excess amount to the next year (because the intention was for only to give that year) [Alamgiri, Bahar]. Rule: If a person owns one thousand pounds but he decides to give Zakat for two thousand pounds and makes the intention that if I have that much amount at the end of the year then this Zakat will be for this year and if not then the excess money will go towards next year, then this is allowed [Alamgiri, Bahar]. Rule: If you are in doubt that you have paid Zakat then you must pay again [Alamgiri, Radd-ul-Mohtar, Bahar, Siraajia, Behra-ul-Raiq].

ZAKAT FOR GOLD. SILVER AND BUSINESS GOODS

Nisaab for Gold and Silver

The Nisaab (threshold) for gold is seven and a half Tola (88 grammes) and for silver it is fifty two and a half Tola (620 grammes). The Zakat for gold and silver is determined by it's weight and not it's value. For example, jewellery or utensils of gold is made but it's making makes the value of the gold more than 200 Dirhams (which may be the price of 7.5 tolas of gold). Also nowadays the value of 7.5 tolas of gold makes many Nisaabs when compared with the 52.5 tolas of silver and therefore the Nisaab will be calculated on weight and not on the value. In the same way by giving silver as Zakat for gold then the value will not be counted but the weight will be counted even if because of work and craftsmanship the value has increased. For example, if you had 700 worth of silver and you gave 25 for Zakat because although the jewellery was worth 700, it actually cost another 300, making the total 1000, then the Zakat would need only be 20 and the other 5 would be extra as the Zakat is given on the weight and not the total value. Rule: When it is referring that the weight is taken into consideration and not the value then this is when the Zakat is being given for like to like product. Such as gold for gold or silver for silver and if another product is being given for another product, for example gold is being given as Zakat for silver or vice versa, then the value will be taken into consideration. [Radd-ul-Mohtar, Bahar].

How much Zakat should be given ?

Rule: When you have enough gold or silver that goes above the Nisaab then one fortieth is given, i.e. 2.5%. Whether it be in it's original form or in the form of coins or something has been made out of it (such as jewellery, utensils, watch etc.) then Zakat is necessary on it. For example if you have 88 grammes of gold then 2.25 grammes of Zakat is necessary or if you have 620 grammes of silver then 15.75 grammes of silver is necessary for Zakat [Durr-e-Mukhtar, Bahar etc.]. Rule: Except for gold and silver you have other goods which are for business purposes then if the value of that adds to the same as the Nisaab for gold or silver then Zakat is necessary on that also, meaning the fortieth part of the goods is to be given for Zakat. If you did not have enough goods that reached upto the Nisaab level but you also had some gold or silver then they should be combined together and then if the total adds up to the Nisaab level then Zakat is necessary. The value of the goods should be calculated with the going currency of that county, for example in India the currency would be Rupees and for the UK it would be sterling. If gold or silver coins are used somewhere then it is upto you to use whichever coin you like. However, if you use Rupees and the Nisaab does not complete but by using an Ashrafi the Nisaab completes or vice-versa, or by using one currency the Nisaab completes but with another currency there is more than one-fifth of the Nisaab left-over then use the currency that gives more Nisaab left-over meaning one fifth more and do not use the other currency that does not add up to the extra Nisaab [Durr-e-Mukhtar, Bahar].

Calculation for goods more than the Nisaab

Rule: If you have more goods than the Nisaab threshold and the extra is one fifth more then Zakat is necessary on this extra amount. For example, for silver after 620 grammes (which is the Nisaab), then you have to pay Zakat on every 124 grammes above the threshold as this is one fifth of the threshold and therefore an extra 3.15 grammes have to be given in Zakat. In the same way for gold after the Nisaab of 88 grammes you have to pay Zakat on every 17.6 grammes of gold which would mean an extra Zakat of 0.45 grammes. If the extra did not amount to an additional fifth then Zakat is not applicable on the extra amount, meaning if you had 105 grammes of gold then Zakat is only payable on the Nisaab which is 88 grammes and the rest would not be payable as it does not add up to one fifth and hence the Zakat on the extra 17 grammes is not payable and the same applies to silver and other goods or money [Durr-e-Mukhtar, Alamgiri, Qazi Khan]. Rule: If you had both gold and silver and they both add up to the Nisaab separately then you cannot add the amount together'and give Zakat on the total amount (for example, you had 88 grammes of gold and 620 grammes of silver then you cannot add them both up to 708 grammes and then give Zakat on the amount as silver) but you have to give Zakat on them separately as separate items. Although if you wished you can pay the Zakat in one item (meaning if you wanted you could pay it all in gold) but you must pay it in the amount which would be better for the receiver and which is worth more. Rule: If you have gold and silver but neither of them reach the threshold then calculate both of them and add them together and make either the gold Nisaab or the silver Nisaab. If then the Nisaab still does not complete then no Zakat is necessary. If the silver is converted to the value of gold or the gold is converted to the value of silver and then when mixed the Nisaab is completed, then Zakat is necessary and if silver makes the Nisaab and the gold does not then Zakat is necessary on silver. If both conversions make the Nisaab then it is upto you, to which you give Zakat for. However, if one conversion makes the Nisaab and exceeds another fifth of it then it is necessary to give Zakat on this conversion. For example, you had 300 grammes of silver and 60 grammes of gold, when you converted the gold value the Nisaab of silver completes but if you try it the other way then the Nisaab of gold does not complete, in which case it is necessary to give Zakat after converting it to the Nisaab value of silver. If the Nisaab value reaches both but the silver reaches the value of 756 grammes of silver (Nisaab plus one fifth) and the gold does not reach 105.6 grammes, then it is necessary to give Zakat on the value of the silver. In the same way if you had many Nisaabs and none of the extra was individually reaching, an extra fifth of the Nisaab, then add the extra amount of the Nisaabs together and then if it adds up to a fifth extra of one Nisaab then you have to give Zakat on this and if it does not reach to a fifth on any Nisaab then no Zakat is necessary on the extra amount [Durr-e-Mukhtar, Radd-ul-Mohtar, Bahar].

Zakat on Notes is also necessary

Rule: It is necessary to give Zakat on notes as this is the same as money [Bahar]. This means that Zakat is necessary on the amount equivalent to 620 grammes of silver or 88 grammes of gold or above as the same rules that apply to gold and silver will also apply here. Rule: Zakat Is necessary on business goods that have been available for a year and the condition is that the value of the goods are not less than 200 Dirhams at the start of the year [Alamgiri]. Rule: Pans that have been loaned out do not need Zakat paid on them and in the same way a house that has been rented out do not need Zakat paying on it [Alamgiri, Qazi Khan].

ZAKAT ON SAIMA ((ANIMALS)

Definition of Saima

Zakat is necessary on three types of animals that are Saima, i.e. camels, cows and goats. Saima is those animals who spend most of the year grazing and their purpose is to gain milk or their young or just to keep [Tanweer, Bahar]. If hay or grass is brought to them in your home or the animals are used to shift loads or carry loads or are used for travelling on, then even if they graze, they are not Saima and their Zakat is not necessary. In the same way if they are kept to eat meat then Zakat is not necessary even if the animal grazes in the wild. If the animal is for sale and is kept to graze, then this is also not Saima, however, the value is to be calculated as business goods and the Zakat is to be given as normal [Durr-e-Mukhtar, Radd-ul-Mohtar, Bahar].

Zakat on Camels

Zakat is not necessary on less than five camels. When you have five or more than five but less than twenty-five, then on every five camels one goat is given as Zakat. Therefore if you have five then one goat is to be given and if you have ten then two are given etc etc [Hidaya, Durr-e-Mukhtar]. Rule: The goat that is given in Zakat is not to be less than one year old. The goat can be male or female, the choice is yours [Radd-ul-Mohtar]. Rule: If you have more than one Nisaab but less than two Nisaabs (more than five but less than ten) then Zakat on the extra amount is forgiven and is not necessary, meaning if you had seven or eight then only the one goat is necessary [Durr-e-Mukhtar]. Rule: If you have twenty-five camels then one small camel is given that is more than one year old and less than two years old, the same rule applies to upto thirty-five camels, meaning one small camel. If you have between thirty-six and upto forty-five then one camel more than two year's old is to be given. If you have between forty-six and upto sixty then one camel that is more than three year's old. If you have between sixty-one and upto seventy-five then one camel that is more than four year's old is to be given. If you have between seventy-six and upto ninety then two camels that are older than one year's old are to be given as Zakat. If you have between ninety one and upto one-hundred and twenty then you must give two camels older than two year's old. For more than one hundred and twenty upto one hundred and forty five then you must give two camels older than three year's old and one goat for every five extra. For example, if you have one hundred and twenty five then you give two camels (older than three year's old) and one goat, the same amount of camels are given for one hundred and thirty but two goats etc. Then if you have one hundred and fifty then give three camels (older than three years old).

Zakat on Cattle

Rule: If you have less than thirty cows then Zakat is not necessary. When you have thirty then the Zakat is one calf older than one year. If you have forty then the Zakat is one calf older than two year's old. This rule applies to upto fifty nine cattle. On sixty cattle the Zakat is two calves older than two year's old. Then the rule is on every thirty one calf one year old and on every forty one calf two year's old. For example on seventy you would give two calves one calf that is one year old and one calf that is two year's old. For eighty you would give two calves that are both two year's old etc.etc. Rule: The same rule applies to cows and buffaloes and if you have a mixture, then they would be added together. For example, if you have ten cows and twenty buffaloes then Zakat would have to be given. The Zakat given is the calf of the animal that there is more in quantity, e.g. if you have more cows than buffaloes then a calf of a cow would be given. If the amount is equal then the calf of the animal is given that is worth more in value [Alamgiri].

Zakat on Sheep and Goats

If you have less than forty sheep or goats then Zakat is not necessary. Between forty and one hundred and twenty then you would give one goat or sheep, meaning regardless of the quantity between this figure, only one goat is sufficient. Two goats are given for the quantity between one-hundred and twenty one and two hundred. Then upto between 201 and 300, three goats are to be given. Between 301 to 400, four goats are given in Zakat. Then for every hundred extra one extra goat is given and for any goats that are between the hundred mark, then there is no extra Zakat. Rule: The choice is yours as to whether you give a male or female, however it is necessary that the animal is not younger than one year old. If this is the case then the value of a one year old goat would have to be given [Durr-e-Mukhtar, Bahar]. Lamb, sheep or goat are all regarded as the same and if you do not have a complete set of one kind then they are to be mixed together and you can give sheep or lamb in Zakat but they must be older than one year [Durr-e-Mukhtar]. If someone has a mixture of camels, cattle and goats but none complete their individual Nisaabs then there is no need to add them together and Zakat is not necessary. Rule: If you have horses, donkeys or mules then even if they are for grazing they are not Saima. If they are for business then they would be treated as business stock and one fortieth is to be given on their value.

ZAKAT ON CROPS AND FRUIT

Which ground is regarded as Ushr (one tenth) and as Nisf Ushr (One twentieth) ?

The Holy Prophet Sallallaho Alaihi Wassallam has stated that the ground that has rainfall falling on it or has a stream of water wetting the ground or is looked after by water from a river or stream then it has to be given in Ushr (one tenth of the crops to be given to charity) and the ground that has to be given water where the water is brought to the ground on an animal etc. then that has to be given as Nisf Ushr (one twentieth of the crops to be given) [Bukhari etc.]. Rule: The farming ground that is watered by rainwater or from a stream then Ushr has to be given i.e. one tenth of the crops have to be given. If the farming ground is watered for some days by natural water and some days from brought water in buckets etc. then if more of the days is used using the natural water and a few days from water in buckets then Ushr is Wajib, otherwise Nisf Ushr [Radd-ul-Mohtar, Durr-e-Mukhtar]. Rule: Land that has been given on rent for farming then the Ushr is upon the farmer to give [Radd-ul-Mohtar]. Rule: If Ushr land has been divided between the cultivator and the landlord then the Ushr has to be paid by both of them. If the land is a taxable source then the tax has to be paid by the landowner [Radd-ul-Mohtar].

Different types of land

Rule: There are three types of land; 1. Ushri 2. Taxable (Khiraji) 3. Non Ushri and non taxable. It is necessary to give tax on land that is taxable. It is necessary to give Ushr on land that is Ushri or land that is non Ushri and non taxable. Ushri land is that land where it is necessary to give Ushr, meaning whatever grows one tenth of it and taxable land is that land where tax has to be given, meaning that much tax which the king of Islam has fixed, whether it be fixed as a percentage of the crops e.g. one quarter or one third or half or a fixed amount e.g. ten or twenty rupees per acre or something similar to what Hazrat Umar Farooque had fixed. Rule: If you are aware of what the railing Islamic sultanate has fixed then give that much as long as it is not more that what is fixed in the Hadith by Hazrat Umar Farooque, and where there is no fixed amount mentioned in the Hadith then no more than half of the crops are to be given and it is also a condition that the land is capable of growing the crops [Durr-e-Mukhtar, Radd-ul-Mohtar]. Rule: If you are hot aware of what the Islamic Sultanate has fixed then give what has been fixed by Hazrat Umar Farooque and if this is not known then give half [Fatawa-e-Razvia]. Rule: Where there is no Islamic Sultanate then people there should themselves spend on the poor and needy and those who themselves have to rely on tax [Bahar-e-Shariat]. Rule: The land in India is not regarded as taxable unless a particular land is proven to be taxable according to Shariat [Bahar-e-Shariat].

For whom and for what is Ushr necessary ?

Rule: It is not a condition to be an adult or to be sane for Ushr to be necessary. Whatever grows on land which is owned by a child or an insane person has to be still given Ushr [Alamgiri, Bahar]. If the person whom Ushr is necessary upon dies and the cultivator is present then the Ushr will be taken off him [Alamgiri, Bahar]. Rule: It is not a condition for Ushr that a whole year has to pass, in fact if in one year in one piece of land crops have grown many times then Ushr has to be given every time [Durr-e-Mukhtar, Radd-ul-Mohtar]. Rule: Nisaab is not a condition for Ushr, if even on Sa'a is grown the Ushr must be given [Durr-e-Mukhtar, Radd-ul-Mohtar]. If honey is made on Ushri land or on mountains or in the wild then Ushr is necessary on it and in the same way Ushr is necessary on honey that is taken from flowers from the mountains or from the wild, the only condition is that the king of Islam has made necessary precautions for that honey to be protected from poachers, thieves or robbers, otherwise it is not necessary to give Ushr [Durr-e-Mukhtar, Radd-ul-Mohtar]. Ushr is necessary on wheat, barley, corn, oat, rice and all types of linseed, safflower, walnuts, nuts and all types of fruit, cotton, flowers, sugarcane, melon, watermelon, eggplants and all types of vegetables whether a little or a lot has been grown [Alamgiri, Bahar]. Whatever grows in a house or mausoleum (shrine) is neither Ushri or taxable [Durr-e-Mukhtar, Radd-ul-Mohtar]

Land that qualifies as Ushri or Taxable (Khiraji)

Rule: If a Muslim has made a garden in their house and gives Ushri water to it then the land is regarded as Ushr and if taxable water is given then the land is regarded as taxable. If both types of water is given then the land is regarded as Ushri. If a settler (non Muslim) has made a garden in his house then the necessary tax will be taken. Water from the skies, a well, streams, sea etc. is all regarded as Ushri water. If a pool is dug by immigrants then that is regarded as taxable. If infidels had dug a well and it is now in the hands of Muslims or it was dug on taxable land then the water is taxable (Khiraji) [Alamgiri, Durr-e-Mukhtar]. Rule: There are many ways a land is regarded as Ushri, for example, if Muslims won the battle and the land was distributed between the Mujahideens or the landowners themselves converted to Islam. A battle did not occur and some land which was not being used was next to some Ushri land that was taken into farming or that land was given some Ushri water, all the above conditions means that the land is Ushri, there are also other reasons which make the land Ushri and you will find these in larger books. Rule: There are many ways where land is also regarded as taxable (Khiraji), for example, Muslims won the battle and gave that land to the inhabitants as a favour or gave it to other infidels or that country came into a peace agreement with Muslims , or an immigrant bought Ushri land off Muslims or used Khiraji water on Ushri land then in all these cases the land will be regarded as Khiraji. There are also other reasons where land is regarded as Khiraji. Rule: If Khiraji land is watered with Ushri water, the land will still remain as taxable. Rule: The land that is not regarded as Ushri or Khiraji is for example, land that has been won in battle by Muslims and is kept until the day of judgement by Muslims or the owner of a piece of land dies and the land is given in Bait-ul-maal, then in these situations the land is not Ushri nor taxable.

Tax is not counted by giving it to the government -Where can tax (Khiraj) be given ?

Rule: The money that is given to the government for day to day living cannot be counted as Khiraj tax. The tax will remain the responsibility of the owner and it is necessary to give it. The tax is hot only given to the soldiers of Islam but all Muslims, where there is a Mosque being built or for the running of the Mosque or for the salary of the Imam or Mo'azzin or for the students learning Islamic knowledge or for the assistance of the scholars of Islam. Those scholars that give speeches and assist in teaching scholars of Islam and those scholars that remain busy in writing fatawas and for causes such as building bridges or roads etc. tax can be given to all the above reasons [Fatawa-e-Razvia].

WHOM CAN ZAKAT BE GIVEN TO ?

Who is a poor person and is defined as a pauper

Rule: There are seven types of people who can accept Zakat; 1. Faqir - poor person 2. Misqueen - Beggar 3 Aamil (Designated Person) 3. Aamil (Designated Person) 4. Riqab - Slave 5. Gharim - Person in debt 6. Fee-Sabeelillah - Spent in the path of Allah 7. Abn-isabeel - Traveller Rule: A Faqir is a person who has some property but not enough to make the qualifying threshold known as Nisaab or he has enough to fulfil the Nisaab but some of or all of the property is part of his basic necessities, such as a house to live in and clothes to wear and servants for his care and tools for his profession, then regardless of how expensive they are, they are not counted in Nisaab and if his savings do no total the Nisaab or he has savings but he is in debt and when his debt is calculated it takes his savings below the Nisaab threshold, then this person is regarded as a poor person [Radd-ul-Mohtar etc.]. Rule: A Misqueen is a person who has nothing and is desperate even for shelter or for clothing to cover his body and has to resort to begging. Rule: It is allowed for a Misqueen to beg and it is not allowed for a Faqir to beg. This is because if a person has enough for food or clothing to cover themselves then it is Haram for a person to beg [AlamgiriJ. Rule: An Aamil is a person who has been designated by the leader of Islam to collect money from people for Zakat. He should be given enough so that his and his helpers expense can be fulfilled whilst collecting the Zakat money. He should not be given so much that whatever he has collected, his expense is more than half that amount [Durr-e-Mukhtar etc.]. Rule: Riqab means to give money to a slave so that with this money he can free himself from his master and become a free man. Rule: Gharim means a person who has so much debt, that by paying it off he would not have enough left to fulfil the Nisaab [Durr-e-Mukhtar]. Rule: Fee-Sabeelillah means to spend in the path of Allah. There are many ways this can be done. If a person wishes to go to Jihad (battle for Islam) and he does not have the necessary means for weapons and goods then he can be given Zakat, even if he has the power to earn the money. If a person wishes to perform Hajj and he does not have the means to do this then he can be Zakat to perform Hajj, however, it is not allowed for him to ask or beg for the money. If a student who is studying religion can be given Zakat and this student can even ask or beg for the money when he has specifically reserved himself for the learning of Islamic knowledge, even if he has the power to earn the money In the same way, Zakat can be spent in all pious activities where the condition is that the person taking the Zakat will become the owner of the money, if the intention is not to make the person the owner then Zakat will not be fulfilled [Durr-e-Mukhtar, Bahar]. Rule: There are many people who send their Zakat money to poor Madressas, they should make sure that they tell the trustees of the Madressa that this money is Zakat money, so that the Trustees can keep the money separate and spend it on the poor children who are studying, otherwise if they are unaware then they may spend the money on other causes, whereby the Zakat will not be fulfilled [Bahar-e-Shariat]. Ibn-e-Sabeel means a person who is travelling and his money has finished then he can take Zakat, even if he has goods or money at home, however, he can only take so much that his needs can be fulfilled and not more as this would not be allowed. Rule: It is necessary when giving Zakat that the person whom Zakat is being given to is made the unconditional owner and not just the keeper. Therefore, to spend Zakat money or goods on a Mosque or to buy a Kafan (shroud) for a deceased person or to pay off a debt of a deceased person or to free his slave or to make a pathway, road, bridge etc. or to have dug a well or stream for water or to buy books and then give them away is all not sufficient and Zakat would not be fulfilled by doing this until you make a Faqir the owner of the Zakat money, however, when the Faqir becomes the owner of the goods or money, he can then spend the money in these causes if he wishes [Johra. Tanveer, Alamgiri etc.]. Rule: You cannot give Zakat to your immediate parents or grandparents (maternal or paternal) i.e. whom we are children of and nor can you give Zakat to your children or grandchildren. In the same way you cannot give them Sadqah, Fitra, Kaffara or Nazr. As far as Voluntary Sadqah is concerned then this can be given and in fact it is better to give them this [Alamgiri, Durr-e-Mukhtar, Bahar]. Rule: Zakat can be given to the daughter-in-law or son-in law or to your stepmother or stepfather or you wife's children (from a previous marriage) or your husband's children. You can give Zakat to any of your relatives for whom you are responsible for their maintenance as long as you do not include the money into the maintenance account [Radd-ul-Mohtar]. A wife cannot give Zakat to her husband nor can a husband give Zakat to his wife. However, if a man divorces his wife and he can then give her Zakat after the iddat (probationary period) is over [Durr-e-Mukhtar, Radd-ul-Mohtar]. Rule: You can give Zakat to the wife of a rich person as long as she is not the owner of Nisaab and the same applies to a rich person's father if he is a Faqir [Alamgiri]. Rule: You cannot give Zakat to a rich man's non adult children, however, if a rich man's children are adults and they are a Faqir, then you can give them Zakat [Durr-e-Mukhtar, Alamgiri]. Rule: If a person after basic necessities is the owner of Nisaab, then he cannot be given Zakat. Meaning after the basic necessities he has enough goods or money that totals to two hundred Dirhams (Approx. 400). Even if Zakat is not necessary on this amount, i.e. if a person has six tolas (70 grammes) of gold then this does not complete the Nisaab to give Zakat as the Nisaab is 88 grammes to give Zakat, but this person cannot be given Zakat money. Also for example, if a person has twenty cattle and this totals two hundred Dirhams then this person cannot be given Zakat, even though Zakat does not become necessary on twenty cows. Rule: A house, food to eat, clothing to wear, a servant, animal or vehicle for travelling, tools for working, books for a student which are being used for his study are all regarded as goods for basic necessities. Rule: A healthy person can be given Zakat even if he has the strength to earn money, although he cannot beg for money [Alamgiri] Rule: If a person has diamonds or pearls and they are not for business use then it is not necessary to give Zakat on them, although if they reach the Nisaab threshold then the owner cannot take Zakat [Durr-e-Mukhtar etc.]. Rule: You cannot give Zakat to people belonging to the BaniHashim family. BaniHashim family means children of Hazrat Ali, Hazrat Ja'far, Hazrat Aqueel, Hazrat Abbas, Hazrat HarisIbne Matlab [Alamgiri, Durr-e-Mukhtar etc]. Rule: If the mother is Hashmi or a Sayyeda and the father is not a Hashmi then they are not regarded as Hashmi, because according to Shariat the family tree (Nasab) is from the male and therefore they can be given Zakat as long as they qualify for Zakat [Bahar-e-Shariat]. Rule: Voluntary Sadqa and Lillah can be given to Bani Hashim [Durr-e-Mukhtar, Bahar]. Rule: An immigrant infidel (Zimmi) cannot be given any Zakat or Sadqa Wajiba (such as Nazr, Kaffara, Sadqa, Fitr) and it is not allowed to give any type of Sadqa to an infidel visitor even if the visitor has gained permission to enter the Islamic country by the authorities (visa) and they cannot even be given any voluntary Sadqa such as a gift, money etc. Although India is a place where Islam is recognised (Daar-ul-lslam), the infidels in India are not immigrants (Zimmi) and they cannot be given even voluntary money as this is not allowed [Bahar-e-Shariat]. Rule: Whatever people that qualify for taking Zakat that has been mentioned, the condition has to be that they all must be Faqirs except for an Aamil as they do not need to be a Faqir to qualify for taking Zakat and the other exception is Ibn-e-Sabeel as even if they are rich they are regarded as a Faqir when they are on a journey and they run out of funds. Except for these two, no other person can be given Zakat unless they are a Faqir [Durr-e-Mukhtar, etc.].

Who should be given preference when giving Zakat

Rule: It is better when giving Zakat, Sadaqa etc. that it should be given to your own brothers and sisters, then to their children, then to your paternal uncles and aunts and then to their children, then to your maternal uncles and aunts and then to their children and then to people living in your home village or town [Johra, Alamgiri etc.]. It is quoted in the Hadith Sharif that Allah Ta'ala does not accept those people's Sadaqat whose relatives are in need of it and they give the money to others [Radd-ul-Mohtar]. Rule: It is not allowed to give Zakat to Bad Mazhabs i.e. people who belong to a wrong sect [Durr-e-Mukhtar]. In the same way it is not allowed to give Zakat to those renegades who claim to be Muslims from their mouths but lower the dignity of Allah and His beloved Prophet or reject other obligatory beliefs of Islam [Bahar etc.].

Who can beg or ask for financial help

Rule: That person who has food for today or has the strength to go out and earn then it is not allowed for him to beg and if someone gives him food or money without him asking for it then he is allowed to take it. If a person has food but does not have clothes to wear then he can beg for them. If a person is going or is involved in Jihad or is a student learning Islamic knowledge then they can beg for assistance even though they may be healthy enough to earn for themselves. Just as it not allowed for people to beg, it is not allowed for people to give them aid when they beg for it as the giver will also be committing a sin [Durr-e-Mukhtar, Bahar].

Begging is a degrading act

Rule: To beg is a very degrading act and should not be done unless it is absolute necessary. It is proven in Hadiths that to beg without necessity is Haram and the person begging is eating Haram food [Muslim, Abu Da'ud, Nisaa'ee etc.]. The Holy Prophet Sallallaho Alaihi Wasallam has stated that 'those who wish to refrain from begging, then Allah will protect them from begging, and those who wish to become rich, then Allah will make them rich and those who wish to be patient then Allah will give them patience [Bukhari, Muslim, Tirmizi etc.]. It has also be reported that the person who opens the door to begging then Allah opens the door of need for him [Ahmad, Tibrani]. The Holy Prophet has also stated that 'those who beg and they have enough to satisfy them then they are wanting fire as the extra, people asked how much is the amount where a person cannot beg, the Holy Prophet replied 'food for morning and night' [Abu Da'ud, Ibn-e-Hubaan, Ibn-e-Khuzaima].