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Zakat of Aquests

Zakat of Aquests


The Aquests means new utility amounts to Nisab and not recurred, such as reale state sales or different means of transportation, in addition to bonuses, gifts, expatriates and the employees salaries within the country.


The Z.C. Act concerning Zakat of Aquests.
The Z.C. Act stipulated Zakat of Aquests provided that no elapse of Hijra year is required based on Daoud Al-Dhahirie, in light of Zakat of crops and on the ground that elapse of Hijra year is not stipulated for each property and there is no Shariah restricted text. In addintion the saying of elapse of Hijra year is not a condition on Zakat of Aquests is closer to Figh general text, because it came absolute without the condition of elapse of Hijra year. Z.C. Act stipulated Zakat of government salaries based on what has been in the era of Omar bin Abdul- Aziz who has been taking Zakat of army salaries.


Jurisprudential developments in Zakat of Aquests.


After A deep research by the jurisprudential committee of jurisprudential issues concering Zakat properties as recommended by the first international conference in Dhul- Qadah 1414 H. The committee found from jurists and scholars sayings Zakat of salaries, wages and income of self employment such as income of doctors, engineers, lawyers and other self employment regarded as Aquests, which new property owned by the Muslim by any means of Halal ownership such as salaries of employees of the Government, renewed working income and self employment of different types Allah says in Holy Quran (O ye who believe give of good things ye have (honourably) earned Al- Baqarah-267 And in prophet Muhammad tradition(PBUH) pay your property Zakat)


Is there Zakat charged on the mentioned properties?
The Islamic scholars hav three views of Zakat Aquests
1- If the Aquested property of the same type of property that owned by the Zakat payer, then Zakat is to be charged at the elapse of Hijra year , the original property and its all revenues such as livestock and its products at the elapse of Hijra year in Al- Mughnie of Abu- Quddama (The grown Aquested property such as revenues of trade and livestock products, this types should be attached to the orgin and its Haul(due of Zakat) is the elapse of Hijra year of the original property .There is scholars agreement on this jurisprudential point of view)


2- If the Aquested property is not of the same type of what the Zakat payer has, this kind of Aquested property does not go with what he/she has in concering of Nisab and elapse of Hijra year. But if the Aquested property amounts Nisab he/she waits elapse of Hijra year, and then pay its Zakat, if someone sold his house or car and the sold property amount Nisab the Haul of such property when he/she get the property money, the scholars referred to Ibn Omar that the prophet (PBUH) said (No Zakat on property until one year has elapsed) Narrated by Al- Turmazie and Abu-Daoud (Al-Mughanie)


3- Pay its Zakat immediately when possessed if amounts Nisab. This is a point of group of prophet (PBUH) companions and scholars after them, without the condition of elapse of Hijra year, IbnAbbas (may Allah be pleased with him) said (In the Aquested property if reaches two hundred and five Dirhams) Book of Al-Musanaf .
Narrated from Ibn Abbas, Ibn Massoud and Muawya (May Allah pleased with them) Zakat is obligated on Aquested property when utilized. Also narrated from Ibn Abie Shaybah said (Paying its Zakat on the day of utilization) Also narrated from Imam Ahmmad The one who rent his house, when he/she get the rent should pay the Zakat if utilized (Al-Mughnie). Aquests include selling real estate and fixed and movable assets, its Zakat should be when the owner get paid .He said also (Ibn Massoud used to take Zakat of their grants twenty-five out of a thousand) Book of Al-Amwal(properties) .In Imam Malik Muwatta narrated Ibn Shihab Al-Zuhrie (The First one who charged Zakat on salaries was Muawya Ibn Abie Sufyan). The Z.C. committee belives the case is breadth and has scope for ljtihad(discretion) and has been narrted two views of sahabs (prophet Muhammad (PBUH) companions) and as Islamic scolars said when sahabs werediffer in two views is not to say some views are more entitled than the views of others but the dispute should be settled by the head of the state or who may delegate and his selection is likely based on prestigious interest. The Z.C. committee decision is to Zakat of salaries, wages and income selfemployments without the condition of elapsing of Hijra year and focusing on Nisab and considering the basic needs of the owner and debt , and this includes any Aquested property for anew utility amount of Zakat is a quarter of ten This what is taken by Zakat Act for the year1990 Article(22)

 
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