Quelle est la condition d'exigibilité de la zakat ?

Understanding Zakat: A Pillar of Islam

23/12/2022

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Zakat, often translated as 'alms' or 'charity,' is a fundamental pillar of Islam, deeply embedded in the faith's principles of social justice and economic equity. More than just a voluntary donation, Zakat is a mandatory act of worship that purifies an individual's wealth and strengthens the community. Its historical roots trace back to the early days of Islam, with its formal establishment and specific regulations being revealed in Medina during the second year of the Hijrah. Even before its formalisation, the concept of giving was present, as highlighted in the Quranic verses revealed in Mecca, which associate Salat (prayer) with the giving of Zakat.

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The Historical Context of Zakat

The institution of Zakat as a formal obligation is generally agreed by scholars to have occurred in the second year of the Hijrah, marking a significant period in the establishment of the Muslim community in Medina. The Prophet Muhammad (peace be upon him) sent Mu'adh Ibn Jabal to Yemen, instructing him to first invite the people to the declaration of faith, then to the observance of the five daily prayers, and finally, to the payment of Zakat from the wealth of their affluent to be distributed among their poor. This directive underscores the integral role of Zakat in the socio-economic fabric of early Islam.

What is Zakat?

The Arabic word 'Zakat' itself carries meanings of purification, growth, blessing, and development. As the third pillar of Islam, its importance is echoed in the Quran, where it is mentioned 28 times in conjunction with Salat. Zakat is a divine commandment for Muslims who possess a certain minimum level of wealth, known as the Nissab. Upon reaching this threshold and holding it for a lunar year (Hawl), a portion of their wealth, typically 2.5%, is to be distributed to specific categories of beneficiaries as defined by Allah in the Quran. It is considered a right of the poor over the wealth of the rich, a means of purifying one's earnings from any illicit gains, and a way to cleanse the giver from selfishness, greed, and excessive attachment to material possessions.

Who is Obligated to Pay Zakat?

To be obligated to pay Zakat, an individual must meet three primary conditions:

  • Be a Muslim: Zakat is an act of worship specific to Muslims.
  • Possess Wealth above the Nissab: The wealth must reach or exceed the minimum threshold known as the Nissab.
  • Possess the Wealth for a Lunar Year (Hawl): The qualifying wealth must be held for a full lunar year.

There is a majority scholarly consensus that children and individuals who are mentally incapacitated are also liable for Zakat if their wealth reaches the Nissab. In such cases, their guardians or trustees are responsible for paying it on their behalf. This principle is supported by the narration: "Make the wealth of the orphans grow so that it is not consumed by Zakat" (reported by Malik, Shafi'i, Bayhaqi, and authenticated by Ibn Hajar).

The Nissab: The Minimum Threshold

The Nissab is the minimum amount of wealth that makes Zakat obligatory. Historically, the Prophet (peace be upon him) set the Nissab based on the prevalent currency of his time: 20 Dinar (gold coins) or 200 Dirham (silver coins). Contemporary scholars have calculated these amounts in modern terms:

MetalHistorical EquivalentApproximate Modern WeightApproximate Value (as of Sept 2016)
Gold20 Dinars85 grams~ €3,200
Silver200 Dirhams595 grams~ €320

There is a difference of opinion among scholars regarding which standard to use in contemporary times, given the fluctuating value of gold and silver. However, the majority opinion leans towards using the Nissab of gold due to its greater stability in value, ensuring that the obligation is met without undue hardship or making it too easily avoidable.

Types of Wealth Subject to Zakat

Zakat is calculated on various forms of wealth, including:

  • Savings and Cash: Bank accounts, cash, savings certificates, precious metals (gold and silver not worn as jewellery).
  • Investments: Stocks, bonds, treasury bills, investment funds.
  • Business Inventory: Goods intended for trade.
  • Livestock: Certain types of animals like sheep, goats, cattle, and camels, when kept in specific numbers for breeding.
  • Agricultural Produce: Crops and fruits, with specific rates applicable.

Personal assets such as one's primary residence, a car for personal use, or clothing and household items for personal use are generally exempt from Zakat, as they are considered necessities rather than wealth intended for growth or investment.

When to Pay Zakat

The obligation to pay Zakat begins the moment one's wealth reaches or exceeds the Nissab. A lunar year (Hawl) is then counted from that date. Zakat should be paid annually on the anniversary of reaching the Nissab. If the exact date is forgotten, one should estimate it as accurately as possible.

Scholarly Views on the Hawl Condition:

There are differing opinions among scholars on the continuity of the Nissab throughout the Hawl:

  • Shafi'is and Hanbalis: They hold that the Nissab must remain continuously present from the beginning to the end of the lunar year. If the wealth drops below the Nissab at any point during the year, the Hawl is considered broken, and a new year must begin.
  • Hanafis: They consider the beginning and end of the Hawl. Zakat becomes obligatory if the Nissab is met at both the start and the end of the year, even if the wealth fluctuated or temporarily dropped below the Nissab in between, as long as it did not cease to exist entirely.

The Merits of Paying Zakat

Fulfilling the obligation of Zakat yields significant benefits, both spiritually and socio-economically:

Spiritual Benefits:

  • Closeness to Allah: It is an act of obedience that draws one closer to God.
  • Purification: It purifies one's wealth and soul from impurities and attachments to materialism.
  • Combating Greed: It helps individuals overcome greed and excessive love for worldly possessions by encouraging sharing.
  • Developing Empathy: It fosters compassion and a sense of responsibility towards the less fortunate.

Socio-Economic Benefits:

  • Poverty Alleviation: It serves as a systematic mechanism for redistributing wealth, directly addressing poverty and unemployment.
  • Economic Stimulation: The circulation of wealth through Zakat can stimulate economic activity.
  • Social Cohesion: It builds solidarity between the rich and the poor, fostering a more equitable and stable society.
  • Justice: It promotes social justice by ensuring a more balanced distribution of Allah's blessings within the community.

Who Can Receive Zakat?

The Quran explicitly outlines eight categories of eligible recipients for Zakat:

  1. The Poor (Fuqara): Those who have no wealth or very little.
  2. The Needy (Masakin): Those who have some wealth but not enough to sustain them.
  3. The Zakat Collectors (Amileen): Those appointed to administer and distribute Zakat.
  4. Those Whose Hearts are to be Won Over (Mu'allafatul Qulub): New converts to Islam or those whose support is needed for the benefit of Muslims.
  5. The Enslaved (Riqab): To help in freeing captives or slaves.
  6. The Indebted (Gharimin): Those who have incurred debts for legitimate purposes and cannot repay them.
  7. In the Cause of Allah (Fi Sabilillah): Scholars generally interpret this as those striving for the cause of Islam, including those involved in Islamic education, propagation, or defence.
  8. The Wayfarer (Ibnus Sabil): A traveller who is stranded and in need of assistance to reach their destination.

The Quran states: "The Sadaqat (Zakat) are only for the Fuqara (poor) and Al-Masakin (needy), and those employed to collect (the funds); and to attract the hearts of those who have been inclined (towards Islam); and to free the captives; and for those who are in debt; and in the path of Allah; and for the wayfarer (a traveler who is stranded). This is an obligation from Allah. And Allah is All-Knowing, All-Wise." (Quran 9:60)

Who Cannot Receive Zakat?

Certain individuals are ineligible to receive Zakat:

  • The Wealthy: Those who are financially self-sufficient and have wealth exceeding their basic needs.
  • The Healthy and Able-Bodied Who Refuse to Work: Individuals who are physically capable of earning a living but choose not to.
  • Non-Muslims: With the exception of those whose hearts are to be won over, Zakat is generally not given to non-Muslims.
  • Close Relatives: It is generally prohibited to give Zakat to one's direct ascendants (parents, grandparents) and descendants (children, grandchildren), as well as to the Prophet Muhammad's (peace be upon him) family (Banu Hashim and Banu Abd al-Muttalib). Spouses also cannot receive Zakat from each other.

Zakat al-Fitr

Distinct from Zakat al-Mal (Zakat on wealth), Zakat al-Fitr, also known as the "charity of breaking the fast," is a separate obligation incumbent upon every Muslim, male and female, young and old, at the end of Ramadan. It is intended to purify the fasting person from any indecent or vain talk during Ramadan and to provide for the poor, enabling them to celebrate Eid al-Fitr with joy. The Prophet (peace be upon him) said: "Spare them the wandering [begging] on this day (Eid)."

Traditionally, Zakat al-Fitr is paid in the form of a 'saa' (a measure equivalent to approximately 2.7 kg) of staple food such as dates, barley, wheat, or rice. Modern scholarly consensus allows for its equivalent value to be paid in cash, making it easier for recipients to purchase what they need.

In conclusion, Zakat is a comprehensive pillar of Islam that encompasses spiritual purification, economic justice, and social solidarity. Understanding its conditions, calculation, and beneficiaries is essential for every Muslim seeking to fulfil this vital religious duty.

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