Zakaat on pension payout
Question
A person receives 1/3 of his pension payout. The remaining 2/3 of the fund will be paid to him on a monthly basis. He is not permitted to remove the remaining 2/3 of the funds as per South African law. Could you explain the ruling pertaining to the Zakaat of these funds, in detail?
Answer
We assume that the pension fund in question was a compulsory pension fund enforced by the employer, where one portion of the contribution (towards the fund) was deducted from the employee’s salary and another portion of the subscription was paid by the employer. A pension payout of such a nature is considered as a gift from the side of the government, and in the case of a gift, one cannot be considered as the owner (of the gift) before assuming ownership.
Therefore, Zakaat is not payable on the pension fund until the recipient or the beneficiary of the fund, receives the funds in his possession. This, in essence means, that there is no Zakaat payable on previous years. Now, if the recipient of the pension fund payout had maintained the Nisaab in the past, and therefore discharges his Zakaat on a stipulated date, then on that particular date he will be required to pay Zakaat on the 1/3 payout that he has received (together with his current funds,) if the total payout funds are available on the stipulated date. If he had used part of the pension payout, then Zakaat will be payable on the remainder (of the pension payout) together with his other funds on the stipulated date. However, if he had already used the pension payout funds in full, before the stipulated Zakaat date, then Zakaat will not be payable on the pension payout funds at all.
Now coming to the remaining funds (which is the remaining 2/3) that hasn’t yet been received by the employee as yet, but will be paid out to him on a month to month basis as understood from your query, then the entire payout amount (which is the remaining 2/3) is not Zakaatable as he hasn’t taken possession of the funds yet. However, if the monthly payouts received have accumulated and is available when discharging his annual Zakaat, then he will have to pay Zakaat on these accumulated funds together with his other available funds and savings, but if the said funds have been used before the stipulated Zakaat date, then these funds will be exempt from Zakaat.
N.B. Our ruling is based purely on the information provided by you in the query. If the details are any different to what has been described to us in the query, the ruling could vary.
References (Arabic / Urdu sources)
پینشن فنڈ حکومت کی طرف سے ہبہ ہے اور ہبہ میں قبضہ سے پہلے ملکیت نہیں آتی لھذا وصول ہونے کے بعد جب سال گذر جائے تب زکوة واجب ہوگی یا اگر اس کے پاس دوسری رقم ہوجود ہے تو پینشن کی رقم اس کے ساتھ ملا کر جب سال پورا ہوگا تو پینشن کی رقم کی زکوة بھی اسکے ساتھ ادا کی جائے – فتاوی دار العلوم زکریا ص۱۵۲ ج۳
- Answered by
- Mufti Mohammed Desai
Where scholars differ, it’s safer to take the more cautious view.
Fatawa SA is an independent, read-only index of fatawa already published by Darul Ifta Ibn Masood. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue
For corrections or mistakes, please email us at fatawasa786@gmail.com.
Source: Darul Ifta Ibn Masood — https://fataawa.co.za/16710-2/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-16710
People also ask
Is zakaat payable on pension, provident fund or retirement annuity?
“We've previously answered an inquiry regarding Zakat on voluntary retirement savings plans where the employer also contributes. For details, kindly see Ask Imam #29670.”
Ask Imaam · 41 fatawa from 7 Darul Iftas on this
What the Darul Iftas saySame question, other Darul Iftas
The closest match from each Darul Ifta, found by wording. Check that the question matches yours.
Compare the answers side by side