Subject : Is the Deferred Portion of the Dowry-Not Received by Wife-Liable for Zakah?

Fatwa Number : 472

Date : 01-02-2010

Classified : Who is Obliged to Pay Zakah and what is the Amount

Fatwa Type : Search Fatawaa

Question :

I have heard that the wife is required to pay Zakah on her deferred portion of the dowry because it is a debt on the husband. As the latter is obliged to provide for her, she is entitled to receive the Zakah due on that portion in order for her to give it to one of the eight categories eligible to receive Zakah. However, it is stipulated in the marriage contract that the wife receive her deferred portion of the dowry in two situations: divorce or death of husband. What is the ruling of Sharia on this matter?

The Answer :

Praise be to Allah, The Lord of the Worlds.

The deferred portion of the dowry (Bridal gift) is a debt on the husband, and according to the Personal Status Law of Jordan, the wife can claim this amount in the two situations mentioned in the above question.

Consequently, she isn`t obliged to pay the Zakah of this amount until she receives it, it reaches Nisab (Minimum amount liable for Zakah), and one full lunar year elapses over possessing it. This is according to the Maliki school of thought whose Fatwa we adopt in such situation.

As for the support she is entitled to receive from her husband, it doesn`t include the Zakah of her wealth, be it

 dowry or else. And Allah The Almighty Knows Best.

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