Question Summary:
Zakaat on jewellery

Question Detail:

Dated: Tuesday, 13th June 2017
 
Dear Mufti Sahib
Assalamoalykum
 
SUBJECT: ZAKAT
 
I have two questions as below:
 
My wife has gold jewelry as per Nisaab. But she is a non-working wife & also she has no source of income. I myself is under some loan and have no good sources of income as well.

In this case is it mandatory for me to pay Zakat on my wife jewelry on her behalf? (Wife not able to pay)
 
If it’s mandatory to pay zakat then can my wife give zakat to her Nephew (sister’s son in Pakistan) for the expenses of his study in some technical college? Note that this nephew (18 years old) of my wife has no income & he is dependent on my wife’s brothers who are supporting him because the father of nephew separated from her wife (sister of my wife) & not supporting his son at all from the time of childhood. In this scenario is it ok to give zakat to him?

 
I will be highly obliged if you can reply the above questions at your convenience.
 
Kind Regards
Shaukat Hussain
Dubai-U.A.E.

Answer :

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
If your wife possesses gold equivalent to or more than the nisab amount, and she does not have any debts equivalent to the nisab amount or more, then she will have to pay the zakat on her jewellery ¹. It is not mandatory for you to pay the zakat on her behalf ¹. She can give the zakat to her nephew if he does not possess the nisab amount ².
 
And Allah Ta’āla Knows Best
Shibly bin Mizan
Student Darul Iftaa
Toronto,Canada 

Checked and Approved by,
Mufti Ebrahim Desai.

¹ فتاوى مفتي محمود ج ٣ ص ٢٤٦
^{٢ (ولا يدفع ألي ...ولد غني أذا كان صغيرأ) لانه يعد غنيا بمال أبيه ، بخلاف ما أذا كان كبيرا فقيرا ، لانه لا يعد غنيا بيسار أبيه ، وان كانت نفقته عليه . [اللباب ص ٩٩ ]}