Fatwa: # 43681
Category: Charity, Obligatory (Zakaat)
Country: African Country
Date: 16th May 2020

Title

Do we have to pay Zakat on our Child’s Wealth?

Question

My daughter is 4 yrs old. She got some gold and cash as a gift. We want to know if we we need to give zakat on it. She got 42g gold and $2200 cash. Do we have to give zakat on it?

Is it permissible for me to invest in stocks?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In principle, Zakat is not due on a minor. Therefore, there is no Zakat due on the gold and cash belonging to your daughter.[1]

There are differences of opinion among senior and reputable Ulama regarding the permissibility of investing in the stock market. Mufti Taqi Uthmani Sahib Madda Zilluhu has deemed investing in stocks permissible with the following conditions:[2]

1.     The main business of the company is not in violation of Shariah. It is not permissible to acquire the shares of the companies providing financial services on interest, like conventional banks, insurance companies, or the companies involved in some other business not approved by the Shariah, such as the companies manufacturing, selling or offering liquors, pork, haram meat, or involved in gambling, night club activities etc.

2.     If the main business of the companies is halal, like automobiles, textile, etc. but they deposit their surplus amounts in an interest-bearing account or borrow money on interest, the shareholder must express his disapproval against such dealings, preferably by raising his voice against such activities in the annual general meeting of the company.

3.     If some income from interest-bearing accounts is included in the income of the company, the proportion of such income should be given in charity and must not be retained by him. For example, if 4% of the whole income of a company is accrued from interest-bearing deposits, then 4% of the dividend should be given in charity.

4.     The shares of a company can be purchased only if the company owns some non-liquid assets. If all the assets of a company are in liquid form, i.e. in the form of money, then that cannot be purchased or sold, except on par value, because in this case the share represents money only and the money cannot be traded in except at par value.

If one engages in trading, then it is necessary to ensure that the delivery of the stock has been made before selling it off to another buyer. He cannot sell without taking possession of the share.[3]

If the above requirements are met, you may invest in companies through the stock market. It is a well known principle and practice among the Fuqaha that when there are academic differences among the scholars on an issue, that creates flexibility in the issue. Therefore, investing in the stock market will be permissible. Abstaining from investing in the stock market will be acting on Taqwa.

And Allah Ta’āla Knows Best

Hammad Ibn Ismail Jogiat

Student Darul Iftaa
Cambridge, Ontario, Canada

Checked and Approved by,
Mufti Ebrahim Desai.

_______


 [1] بدائع الصنائع في ترتيب الشرائع (2/4)

ومنها البلوغ عندنا فلا تجب على الصبي وهو قول علي وابن عباس فإنهما قالا: " لا تجب الزكاة على الصبي حتى تجب عليه الصلاة

 

الدر المختار وحاشية ابن عابدين (رد المحتار) (2/258)

(قوله عقل وبلوغ) فلا تجب على مجنون وصبي لأنها عبادة محضة وليسا مخاطبين بها،

 

كنز الدقائق (ص: 203)

وشرط وجوبها العقل والبلوغ والإسلام والحرّيّة، وملك نصابٍ حوليٍّ فارغٍ عن الدّين وحاجته الأصليّة نامٍ، ولو تقديرًا

 

درر الحكام شرح غرر الأحكام (1/171)

(وَشَرْطُ وُجُوبِهَا الْعَقْلُ وَالْبُلُوغُ) إذْ لَا تَكْلِيفَ بِدُونِهِمَا

 

الاختيار لتعليل المختار (1/99)

تاب الزكاة ولا تجب إلا على الحر المسلم العاقل (ف) البالغ (ف) إذا ملك نصابا خاليا عن الدين فاضلا عن حوائجه الأصلية ملكا تاما في طرفي الحول

 

[2] An Introduction To Islamic Finance – Maktaba Ma’ariful Quran Pg: 207

[3] Note: Stocks that reflect in one’s trading account on the trade day after the purchase does not necessarily means possession. It takes 2-3 business days [approx.] for the delivery to take place. 41513.

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
The Messenger of Allah said, "When Allah wishes good for someone, He bestows upon him the understanding of Deen."
[Al-Bukhari and Muslim]