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Zakat on Jewelry

 

Zakat1 is one of the five pillars of Islam and is ordained in various forms, one of which is giving of 2.5% of one’s savings. The term ‘savings’ refers to those belongings that are kept throughout the year and not employed for one’s use. The items that have been brought in one’s use are exempt from zakat. As a result, zakat would be applicable on realty that has not been used over the course of a year but not on a house in which one lives – the former considered savings, the latter an item of use.

The case of jewelry, however, is unclear. Based on a few narratives ascribed to the Prophet Muhammad (pbuh) one opinion holds that zakat be paid on gold and silver irrespective of its use over the year. In other words, jewelry is unconditionally considered savings and not an item of one’s use.

This article highlights different opinions regarding this issue and attempts to derive a conclusion, which, in this author’s view, presents the right approach towards the issue of zakat on jewelry.

Ibn Rushd has quoted the following opinions regarding zakat on gold jewelry:2

Imam Malik, Imam Lais and Imam Shafii opine that there is no zakat on it if used in garments and for beautification. Imam Abu Hanifah and his fellows believe in paying zakat on it.

Ibn Rushd explains that the latter group arrived at the decision that zakat must be paid based on jewelry being analogous to savings. The other group has held it rather similar to household items, which are owned for benefiting from their utilization and zakat is not due on such items.

There are also a number of narratives in the books of hadith, a few of which seem to indicate that zakat must be paid on jewelry while others indicate that zakat is not payable on jewelry in use. The narratives and discussion on them is noted at the end of this article.

In addition to these narratives, the following verse of Quran is also used to derive that zakat is unconditionally applicable on jewelry:3

وَالَّذِينَ يَكْنِزُونَ الذَّهَبَ وَالْفِضَّةَ وَلاَ يُنفِقُونَهَا فِي سَبِيلِ اللّهِ فَبَشِّرْهُم بِعَذَابٍ أَلِيمٍ
... And those who hoard up gold and silver and do not expend them in the way of God, give them the news of a painful punishment. ... (Quran 9:34)

However, neither this verse’s context nor its words indicate that those who treasure gold and silver without paying zakat will be subject to the torment. On the contrary, the verse clearly states that, irrespective of whether they pay zakat or not, those who treasure gold and silver and do not spend in the way of God will be subject to punishment.4

This verse does not resolve the question of whether keeping gold and silver for personal use falls under the categorization of ‘hoarding’ or not. It is only after it is determined that such an action is considered as ‘hoarding’ that it becomes condemnable. In addition, while zakat is obligatory spending in the way of God, the implication in this verse is actually that of voluntary charity and contributions.

In light of the above discussion, there seems no sound argument to hold jewelry separate from the general principle on which zakat is calculated. Jewelry is indeed a need of a woman and is used for beautification. At the same time, jewelry is also used as a form of savings in many cases. Consequently, it can be said that jewelry can be divided into two groups: 1) that which is kept because of need – that is, what is generally worn by its owner – and, 2) that which is kept primarily as savings. It is the latter on which zakat must be considered as obligatory, and the former falls in the category of any other valuable item that has been acquired for use, such as a house or a car. There is no difference between these valuable items, and a house acquired for living in it &ndash irrespective of their value, none is subject to zakat.

Appendix

Narratives of the Prophet (pbuh) regarding zakat on jewelry

The following is an excerpt regarding narratives as noted by Sayyid Sabiq:5

There is, however, disagreement over whether women's gold or silver jewelry is exempt. Abu Hanifah and Ibn Hazm hold that zakat is compulsory on gold and silver jewelry provided they constitute a nisab. Their view is based on the report of 'Amr ibn Shu'aib from his father from his grandfather:

Two women with gold bracelets on their wrists came to the Prophet, upon whom be peace. The Prophet said, “Do you want God to make you wear bracelets of fire on the Day of Judgment?” They answered, “No.” He said, “Then pay the zakat which is due on what you wear on your wrists.”

In the same way, Asma' bint Yazid reported:

My aunt and I, while wearing gold bracelets, went to the Prophet, upon whom be peace. He asked, ‘”Did you pay their zakat?” She related that they had not. The Prophet said, “Do you not fear that God will make you wear a bracelet of fire? Pay its zakat.”

Al-Haythami confirms that it was narrated by Ahmad, and its chain is good. 'Aishah narrated,

The Messenger of God, upon whom be peace, came to me and saw me wearing silver rings. Thereupon, he asked, “What is this, 'Aishah?” I replied, “I made them to adorn myself for you, O Messenger of God.” He said, “Did you pay their zakat?” I said, “No, or what God wishes.” Then he said, “Their punishment in Hell is enough for you.”

This is related by Abu Dawud, ad-Daraqutni, and al-Baihaqi.

Malik, ash-Shaf'i, and Ahmad ibn Hanbal hold that there is no zakat on women's jewelry regardless of its value. Al-Baihaqi relates that Jabir ibn 'Abdullah was once asked if jewelry was subject to zakat. He replied that it was not, even if its value exceeded one thousand dinars.

Al-Baihaqi also narrates the case of Asma':

Asma' bint Abu Bakr used to adorn her daughters with gold. Although its value was around fifty thousand dinars, she did not pay zakat on it.

It is related in al-Muwatta' from 'Abdurrahman ibn al-Qasim from his father that 'Aishah used to take care of her nieces, who were orphans under her protection, and adorned them with jewelry without paying its zakat. Also in al-Muwatta' it is related that 'Abdullah ibn 'Umar used to adorn his daughters and slave girls with gold without paying zakat.

Ibn Rushd has produced the first narrative noted by Sayyid Sabiq, as well as another one by Jabir that the Prophet (pbuh) said:

There is no zakat in jewelry.

Ibn Rushd has clarified that both narratives are weak especially the latter one.6

1 Zakat, best translated as Islamic taxation, is incumbent upon Muslims and is payable to the government of an Islamic state. In the absence of an Islamic state, it should be paid directly to one of the various categories explained in Quran 9:60.
2 Ibn Rushd, “Al-bidayat-ul-mujtahid wa an-nihayat-ul-muqtasid”, Dar-ut-Tazkeer, Lahore, 2006, p. 346.
3 Sayyid Sabiq, “Fiqh-us-Sunnah”, Vol. 3, p. 16 (url as accessed on Oct 17, 2006 12:01 AM.)
4 Amin Ahsan Islahi, “Taddabur-i-Quran”, Vol. 3, Faraan Foundation, Lahore, 2005, p. 566.
5 Sayyid Sabiq, Fiqh-us-Sunnah, Vol 3 (url as accessed on Sep 3, 2007.)
6 Ibn Rushd, “Al-bidayat-ul-mujtahid wa an-nihayat-ul-muqtasid”, Dar-ut-Tazkeer, Lahore, 2006, p. 346.