Zakat of Salaries and Wages in Islamic Jurisprudence

In the name of Allah the most merciful and compassionate and with all the prayers to the Arabic and faithful prophet ‘Mohammed’ the most decent creation of Allah and all his friends among him, after that: this dissertation is titled: ‘Azakaah from Salaries and Wages in Islamic Doctrines’, in which I intended to pay the Muslims attention to a very great pillar, and a strong foundation which holds this religion. Its purpose is like the purpose of all the religious pillars, which is Azakaah pillar. Therefore, I divided this study to four chapters and a summery, and it included all the results and recommendations which this research has resulted to. The first chapter started to talk about the meaning of Azakaah linguistically and terminologically. Then, it addressed the conditions of obligating Azakaah on AlMozake ( the one who gives Azakaah), as the scholars agreed on that: Azakaah is an obligation on every adult, rational, and free Muslim. While Al-Imam Abehonaifa ( May Allah have Mercy on him) said that Azakaah is not obligatory in the money of a boy and a mad, except in plants and fruits. However, it disagrees with the audience of scholars who are in favour of the obligation of Azakaah in their money. After that, we talked about the wisdom and the legitimacy of Azakaah. In the second chapter of this letter, I talked about the definition of salaries and wages linguistically and terminologically. Also, I talked about the adaptation of the doctrine to it, and it was illustrated that the right doctrine adaptation for wages and salaries is used money. This requires addressing the definition of the used money, illustrating its type, and if its required to have Zakaah. After using the original doctrine references, it has been illustrated that the used money has three parts, which are: It has to be from the production of the original money, as this have Zakaah without argument, or it can be without the origin of the money it has. However, this is a point of argument, as some considered it should have new Zakaah, while the others said it should be given after it is used. The third part said: “That the money can be given in the same amount as is provided but during a period of a year, the used thing is a production of the first money, but it has been used in a new way of ownership”. This is a point of argument between the scholars, as we did not address the path of the used money; that is, if it is conditioned to Azakaah or not, to prevent repetition. After that, we addressed the legal purpose of Azakaah, which is related to money, to AlMozake himself, and the one that is related to society. In the third chapter, we talked about Azakaah rule in salaries and wages, that is through showing the ancient and modern scientists points of view, and which are divided between with and against its legitimacy. We showed the evidence of both teams, and after that we discussed the evidences of those who are in favour of obligating Azakaah in salaries and wages , and I am with obligating Azakaah from salaries and wages, but when it is taken and if it reached the considered amount. I chose this point of view for a number of reasons: The strength of evidences that is used by the scientist who are favour. In addition, AlAhadeeth ‘religious sayings’ which conditions Azakaah, are not sufficient for excuses after it is given away, and that is explained by AlQardawe in his book “Feqeeh Azakaah’. Finally, saying that Azakaah is obligatory when it is taken, agrees with the legislation spirit, and the legitimate purposes, which Azakaah is legitimated for. The fourth and final chapter, talked about the considered amount for Azakaah from salaries, which is the money amount, and it is against what Al-Imam AlGhazale ( May Allah have mercy on him) has addressed. He considered that the plants and fruits Zakaah is considered, and that is actually disqualified. As it is known that the money includes gold and silver, as they were equal in the prophet’s Mohammed era, and for a long time after it. In our time we notice a big gap between both of the shared amounts, which pushed me in this study to consider a third opinion; that is, considering the amount of money between both of them, due to the high increase of the gold’s price, which got to ( 10.200) NIS. Taking into consideration that the price of the one gram of the pure gold (24) caraat, is ( 120) NIS, and this is when the prices of gold decrease, so how about when they increase. For silver, the gram of silver has a noticed decrease, as it reached to (2) NIS per gram. As the shared amount from silver equals (1190) NIS, and with that we notice a big difference between the two shared amounts. After that, I showed practical steps, that reveal how Azaakah from salaries is provided. In addition, I provided practical samples from the society’s sectors, through choosing doctors, engineers, professors, school teachers and cleaners…etc, as they have differences in their living expenses.