Monthly Archives: November, 2012

Is There Any Zakat Taken From One’s Monthly Salary in Islam?

Question:

In the name of Allah, the Beneficent, The Most Merciful.

Assalamu Alaikum Warohmatulloohi wabarokatuh…

All praises be to Allah, peace and prayer of Allah be upon His messenger..

Dear ustadz, may Allah always preserve you…

This morning I was asked about the ruling of Zakat from one’s profession (zakat taken from one’s monthly or other periodic salary, -translator) :

Is the method or analogy of the scholars that allow the establishment of zakat from one’s monthly salary is valid indication to be applied? The company where I currently work has imposed this policy for quite a long time, by taking some amount from the monthly salary of the employees based on an agreement beforehand, where some people agreed to it and some people didn’t.

Next, is there any good book that explain about this kind of zakat?

– Hasan
Is There Any Zakat Taken From One's Monthly Salary in Islam
Answer:

[1]. Zakat that is compulsory for the rich have been explained clearly in some indications. And zakat is a matter of worship, where there are no chance for anyone to decide by himself or to create innovation without indication that support it. The scholars from various madzhab have stated that:

الأَصْلُ فِي العِبَادَاتِ التَّوقِيفُ

“The origin of law in worshipping matters is by guidance, or forbidden.”

Based on this principle, they explained that anyone who allow or perform a worshipping act, should find indication that allow the act beforehand. If not, the act is forbidden, or considered as an innovation.

مَنْ عَمِلَ عَمَل لَيْسَ عَلَيهِ أَمْرُنَا فَهُوَ رَدٌّ رواه مسلم

“Whoever perform an act without our guidance, (it) is rejected.” (Narrated by Muslim)

Think about this: Zakat is one of the pillars of Islam, as the testimony (the two syahadat), prayer, fast, and pilgrimage to Mecca. Will you tolerate one who use his own opinion to make compulsory other prayer than the five compulsory prayers, or to change it’s rules: for example fajr or dawn prayer with 4 rak’ahs, maghrib prayer performed in 5 rak’ahs, or it is performed in one occasion; the testimony is embedded with other words that suits the improvement of man’s lifestyle, the pilgrimage is performed in every country to save the people’s fund and to improve their prosperity, and the Ramadan fast is divided into each month to make it lighter to perform and to make ease for the factory workers and other heavy workers.

Now, will you accept such imbecile opinion? If you wont, you should also reject the opinion of this zakat taken from one’s monthly salary, since it is also a form of man’s opinion in worshipping and in the pillars of Islam.

Moreover, it is proven through history that the companions of the prophet and the next generations after them never acknowledged this kind of zakat, whereas they have recognized the term ‘salary’ since long ago, although it came in different names. It was previously termed as ‘al ‘atha’, and now people called it ‘salary’ or ‘raatib’ or ‘mukafaah’ (other Arabic terms for salary- translator). The difference in names certainly do not change it’s law.

Besides, analyzing this opinion further, we would find some awkward points and manipulation. Here are several examples of that awkwardness and manipulation:

The claimer of zakat from profession equalled it to zakat of the harvest (agriculture field), by neglecting the difference between the two form of zakat. Zakat taken from the harvest of agricultural work is 1/10 from the harvest with free irrigation, and 1/20 from it with paid irrigation. As for the zakat from one’s monthly salary, it is 2.5%, thus making it a weird and false analogy. The correct analogy will be by establishing the standard of 1/10 for the profession performed without any need for capital, and 1/20 for one with capital. Such establishment will surely burden all people and of course the claimer will not be brave enough to issue amount for zakat taken from one’s monthly salary.

Salary from one’s job/profession comes in the form of money, thus it is more appropriate to be equalled to zakat of gold and silver, since the commodities serve as trading tool, and standard for goods’ value.

The claimer of this zakat have evidently transgressed the scholars’ agreement hold for 14 centuries, by issuing fatwa of the obligation to pay zakat of the house, land, and the like.

Salary is not a new thing for men and muslim in particular, and it has been established since long ago. Below are the proofs if this statement:

Umar Ibn Al Khattab -may Allah be pleased with him- once performed a task ordered by the Messenger of Allah -peace and prayer of Allah be upon him-, and he gave him his wage. Umar refused it at first, but the messenger of Allah peace and prayer of Allah be upon him said yo him: “If you are given something without asking for it, eat (take) it and spend it in charity.” (Narrated by Muslim).
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Rulings for Zakat of Lottery

Question:

Assalamu’alaikum.

I found the answer given by Ustadz Badri about zakat taken from one’s profession (from the salary yielded) was very interesting, clear, and straightforward. Nowadays, beside the innovation termed as ‘zakat from one’s profession’, there is also a form of zakat that is taken from the result of lottery, with an amount of 20% from the total result, and the threshold (nisab) is 85 g of gold. It is probably equalled to zakat from rikaz (treasure/artifact).

What is your comment about such zakat?

Thank you very much for your kind answer.

Wassalamu’alaikum.

From: Agus Wahyudi
Rulings for Zakat of Lottery
Answer:

All praises belong to Allah, peace and prayer be upon Prophet Muhammad, his family, and his devoted companions.

Brother Agus Wahyudi, before I answer your question about zakat of lottery, I think you should know first that the practices of lottery occurred among the society today are classified generally into two groups:

The first group: The lottery which participant are required to buy certain products of the manufacturer that holds the lottery, or to send SMS with a higher price than usual, or the like. Such lottery is forbidden, since it is a form of gambling. And gambling is clearly forbidden in our shari’a.

يَا أَيُّهَا الَّذِينَ آمَنُواْ إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالأَنصَابُ وَالأَزْلاَمُ رِجْسٌ مِّنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ

“Believers! Intoxicants, games of chance, idolatrous sacrifices at altars, and divining arrows are all abominations, the handiwork of Satan. So turn wholly away from it that you may attain to true success. “ (Qs. Al Maidah/The Table Spread: 90)

I believe you already knew, that such lottery was held to boost the sales of that manufacturer, thus it is easy to understand that the manufacturer will obtain large profit from this practice, and the prizes will be taken from an amount of that profit.

Whereas most of the participant chose to buy the products of that manufacturer to win the prizes, although they might not need those products, or there are another cheaper product that actually suits their budget. How many of those participants who buy the product of that manufacturer who forced themselves to do it just to get the lottery coupon. And their numbers is indeed vast. Thus, they are trapped in gambling principle: whether they would be lucky, or they would suffer losses without any replacement.

For addition, they would also fall into spending their wealth in vain, since they might not, or lesser need of those products. And this practice is evidently forbidden.

كُلُوا وَتَصَدَّقُوا وَالْبَسُوا فِى غَيْرِ إِسْرَافٍ وَلاَ مَخِيلَةٍ

“Eat, spend, and wear clothes without being extravagant or arrogant.” (Narrated by Ahmad, At Tirmidhi, and classed good by Al Albani).

The forbidden state of this first group is in accordance with a fatwa from The Permanent Members of Fatwa Commission, Kingdom of Saudi Arabia, No: 19453.

The second group: Lottery without any requirement set or fee charged for the participant. This kind of lottery is alright, since there are no chance to be lucky or to suffer any loss from it, simply a luck or safety. Thus, there are no reason to ban such practice of lottery.

If these detail rulings for lottery are already understood, then the answer of your question about zakat taken from lottery, is similar to zakat taken from the salary of one’s profession. Both have no basis in shari’a.

As for your saying that zakat of lottery might be equalled to zakat taken from rikaz (the treasure); it is not true, since the rikaz which amount of zakat is 1/5 of the total amount of treasure, is a treasure which origin might come from the pagans or disbelievers. For example, we might find certain marks indicating that the treasure was made in the time of certain Hindus or Buddhist kingdoms. As for the treasure that is known belong to muslims, or the origin came from the time of Islamic kingdoms, is not classified as rikaz, but luqata (artifact). And the ruling for these two types of treasure is different, as mentioned in books of jurisprudence from various madzhab. As far as I know, none of the scholars issued even a single fatwa that make the zakat taken from artifact compulsory, but some of them stated that the status of such artifact still belong to real owner of it, and not belong to the one who found it.

That’s all that I can explain in reply for your question, hopefully it benefits you, and pardon me for any mistakes i’ve made in it. And Allah knows best.

Ustadz Dr. Muhammad Arifin Badri, M.A.
Article of www.syaria.com

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