موقع الشيخ عبد الحق التركماني - Paying zakat that I have not paid in years prior

Paying zakat that I have not paid in years prior

27 أيار 2024

السؤال :

Question

If a person began working 2 years ago and didn't pay any zakāh during that period and he believes his savings exceeded the nisāb (threshold in which zakāh becomes due) after the first year but their balance is now lower than the first year due to purchases and debts, how should he calculate the zakāh that is due? Also, how should he pay the zakāh and from which date should the zakāh calculation begin? Lastly, are student loans factored into the zakāh calculation?

الجواب :

Answer

All praise is due to Allah.

The first thing to clarify is that the calculation is based on Islamic months and not according to the Gregorian calendar.

Secondly, each year's calculation is independent of the other. Meaning, calculate [the zakāh] for year 1 and once that is finalised and closed, then begin the calculation for year 2.

As for year 1, you can calculate by reviewing receipts and using bank statements. You would use a reasonable estimation to the extent where you are confident that you have freed yourself from any obligations in front of Allah.

It goes without saying that zakāh is a debt upon the Muslim and it is the right of Allah. The obligation to pay this debt doesn't leave the Muslim at all even if the person delayed it for 10 years. This right of Allah remains and it is obligatory that the person fulfills this right. How should it be fulfilled? The way to do so is by making a best estimate by going back to your accounts. Make sure to remember not to mix 2 years into 1. The calculation for year 1 must be calculated independent of anything in the second year.

Then, in the second year, if the money you have saved has reduced, then you will pay zakāh depending on what you have present currently in the second year without worrying about the money you had in the first year.

As for debts, whether they are student loans or other than that, then the correct opinion is that debts do not prevent a person from having to pay zakāh. This is the opinion of the shafi'i school of thought and appears to be the more correct opinion. The reason for this is because the money is in your hands and under your control and as such you would need to pay zakāh.

If you want to repay the debt prior to the time of zakāh becoming due, then you are free to do so. You can repay the debt and no zakāh would be due as a result because the money is no longer deemed to be in your hands or under your control. However, if you choose to hold onto the money and maintain control of it, you are not permitted to say "I have debts and so I don't have to pay zakāh". If you have a debt, then you should repay with the money that you currently have and not choose to save it.

And Allah knows best.

And all praise is due to Allah, Lord of the 'Ālamīn.

Transcript of Sheikh Abd al-Haqq Turkmāni's answer

27 May 2024 | 19 Dhul-Qa'dah 1445