Both the Quran and Sunnah (tradition) clearly indicate the obligation of Zakah (purifying alms) on women's gold and silver jewelry even if it is kept for the purpose of wearing or lending. This includes necklaces, bracelets, rings or any gold or silverware when they reach the Nisaab (minimum taxable amount) every Hijri year, or when the owner has gold, silver or commercial commodities that reach the Nisaab. This is the preponderant opinion of scholars on this issue since it is supported by the Quran, Sunnah and reported narrations.
Evidence from the Quran includes: Allah The Almighty says (what means): {And those who hoard gold and silver and spend it not in the way of Allah - give them tidings of a painful punishment.The Day when it will be heated in the fire of Hell and seared therewith will be their foreheads, their flanks, and their backs, [it will be said], "This is what you hoarded for yourselves, so taste what you used to hoard."}[Quran 9:34-35]
Hoarding gold and silver means not giving Zakah or the other rights which are obligatory on them. The Quranic verse generally include all forms of gold and silver without differentiating between any of its kinds. Whoever claims that jewelry that is worn is excluded has to present his evidence.
As for the Sunnah:
· The Prophet, , said: "No owner of gold or silver who does not offer its due right but on the Day of Resurrection, plates of fire will be beaten out for him, and they will be heated in the Fire of Hell and his flank, forehead, and his back will be branded with them. Whenever they cool, it will be done again to him on a Day whose duration is fifty thousand years." [Muslim] The one who wears gold and silver is considered an owner of gold and silver, and there is no evidence to exclude her from the general rule. The greatest and most demanded right on gold and silver is giving their Zakah. These two solemn texts from the Quran and Sunnah encompass all kinds of gold and silver, including jewelry.
The detailed evidence on the obligation of Zakah on jewelry includes:
· It was narrated on the authority of ‘Amr ibn Shu’ayb ) from his father, from his grandfather, that a woman came to the Messenger of Allah, sallallaahu ‘alayhi wa sallam, and she had a daughter with her. On her daughter’s hand were two thick bracelets of gold. He said to her: “Do you give Zakah for these?” She said,“No.”He said: “Would you like Allah to make you wear instead of them two bracelets of fire on the Day of Judgment?” So she took them off and gave them to the Prophet, , and said,“They are for Allah and His Messenger.” [At-Tirmithi and Abu Daawood] In Buloogh Al-Maraam, Ibn Hajar said, "Its chain of narrators is strong."
· ‘Abullaah ibn Shaddaad ibn Al-Haad said, "We entered upon ‘Aa’ishah, may Allah be pleased with her, and she said, 'The Messenger of Allah entered upon me and I was wearing silver rings on my hand. He said: 'What is this, O ‘Aa’ishah?' I said,'I made them to adorn myself for you, O Messenger of Allah.' He said: 'Do you give their Zakah?' I said,'No.' He said: 'The punishment for them in Hell is enough for you.'”Sufyaan was asked how to give its Zakah, he said, "Add it to other items and then calculate their Zakah if they reach the Nisaab." [Abu Daawood and Al-Haakim: Saheeh]
· Umm Salamah, may Allah be pleased with her, said that she wore some white gold jewelry, and so she asked, “O Messenger of Allah! Is this regarded as hoarded wealth?" He,, replied: “Whatever has reached the Nisaab, and then Zakah is paid upon it, it is not regarded as hoarded wealth.” [Abu Daawood (Al-Haakim and Ath-Thahabi: Saheeh)]
This Hadeeth teaches us some important lessons:
- There is no Zakah on jewelry so long as it has not reached the Nisaab, nor is it regarded as hoarded wealth to which punishment is allocated.
- Any money on which Zakah becomes obligatory and Zakah is not given, is considered hoarded wealth that entails punishment.
- The Hadeeth is mentioned to show the obligation of Zakah on jewelry.
If someone says that this ruling is applicable when wearing jewelry was forbidden, as claimed by those who did not oblige Zakah on jewelry, the answer would be: this is not a valid argument because the Prophet, sallallaahu ‘alayhi wa sallam, did not forbid wearing jewelry, but he affirmed it and warned against withholding its Zakah. If wearing jewelry had been forbidden, the Prophet, , would have ordered to take it off and threatened punishment for wearing it.