Question:
Dear scholars, As-Salamu `alaykum. We are now married for seven years. Soon after our marriage we had a storm of financial crises. For the last four years we were in the United States. We have filed for bankruptcy and still owe a lot of people their money ($13,000).We were told by my father-in-law that we are not required to pay zakah. However, I have some jewelry in my possession in my safety box which is worth $5,000. We have thought many times of selling it but were stopped by my relatives. I don�t use it or wear it. It is simply lying idle. It was given to me by my in-laws and parents. I have no intention to keep it as saving; it is kept solely for my children. I have this fear of Allah in my mind that we are doing wrong because now my husband makes a moderate amount of money for our survival. However, if I am able to save some money I try my best to spend it in charity. Please guide me. Jazakum Allah khayran.

Answer:
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear sister in Islam, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.

In his response to your question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

�Let me take up the issues you have addressed in your letter:

First, let me state from the outset that the jewelry given to you by your in-laws and parents at the time of marriage belongs solely to you. It does not belong to them anymore, so they have no right to dictate to you what you should do with it. They can, however, simply advise you. But you are permitted to act on their advice only if it does not violate the laws of Allah. Zakah is decreed by Allah, so you ought to carry out His orders. The Prophet (peace and blessings be upon him) said, �There is no obedience to anyone in disobedience to Allah.� So never mind what your relatives say, carry out the order of Allah and pay zakah. If you are not able to pay zakah, then sell part of the jewelry [to have cash] and pay the zakah due on it.

Second, concerning the issue of zakah, it is important to point out that you are not required to pay zakah unless you have income or assets remaining in your possession after paying out your legitimate expenses as well as your debts. If, however, you are not selling this jewelry to pay for your debts, nor are you using the same, but simply keeping the same as a saving, then you ought to pay zakah on it every year.

The proper way to go about giving zakah on jewelry is to get it estimated every year and pay zakah on it at the rate of 2.5% of the total estimated value.

If, however, you are using part of the jewelry, then you are allowed to keep up to a maximum of seven tolas (equal to 180 grains or 0.4114 avoirdupois ounces (11.7 grams). This much is considered as exempt from zakah.

The rest of the jewelry is subject to zakah; it is due every year on this portion at the rate of 2.5% of the total estimated value.

I advise you to do what you should do; get rid of the guilt feeling. May Allah help us to remain steadfast in His religion. Ameen.�
Responded by: Sheikh Ahmad Kutty