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Fatwa #3333729 June 2015South Africa

Zakaat on retirement annuity

Question

I have a retirement annuity in my personal name.I have been taking out zakaat on the current market value, however I was told by an Alim that Zakaat on retirement annuity is only on what has been contributed for the year, please advise.

I have not contributed anything towards the retirement annuity and the money will only be available at the age of 55.

Answer

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

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh

We understand that you do not directly contribute towards your retirement annuity. The funds are contributed by your company or another individual/entity. Therefore according to Shariah, the funds contributed towards the retirement annuity will be considered to be a Hibah (gift) from the side of your company or another individual.

With regards to your specific question, you are not obligated to pay Zakaat on such funds since they have not come into your complete ownership (Milk Tam) nor can they be legally excessed until the mandatory retirement age. You will therefore be only obligated to pay Zakaat on the funds once paid out by the retirement fund.[1]

And Allah Ta’āla Knows Best

Ismail Desai,

Darul Iftaa

Checked and Approved,

Mufti Ebrahim Desai.



1 قال شيخنا نقلا عن القهستاني: المراد بالملك التام القدرة علي التصرف من غير ان يلزم بهذا التصرف تبعة في الدنيا و لا في العقبي (تقريرات الرافعي، ص 261، ج 2، الدر مع الرد)

فتاوي محموديه، ص 524-225، ج 9

مسايل رفعت قاسمي ( ص 123، ج 5)

Assalāmu `alaikum Warahmatullāhi Wabrakatuh,

Respected Brother/Sister

We make Du’aa you are well. The Darul Iftaa was established in the year 2011. The fundamental objective of the Darul Iftaa is to train Ulama from various parts of the world to become Muftis. In this world of scientific calculations and technological advancements, economic confusion and political disarray, a Mufti is trained to understand and analyze current situations and provide leadership for the Ummah. There is a vacuum  of competent Muftis in various parts of the world. The Ummah lacks leadership. Alhamdulillah 21 students from different parts of the World including Canada, Belgium, USA, UK and Russia graduated this year as Mufti’s. The Darul Iftaa attended to hundreds of Fatawa from across the Globe and also attended to various large mediations and commercial arbitrations.

The Darul Iftaa requests your generous contributions during this auspicious month of Ramadhaan for running and general expenses of the Institute. This is indeed a great opportunity for you to earn Sawab e Jariyah in the Aakhirah. This is a tree with many branches bearing sweet fruits for your Aakhirah. Insha’Allah.

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