Authors

• Fatemeh Alizadeh ¹
• Mansour Habibi pour ²
• ardavan arzhang ³

¹ Assistant Professor, Department of Jurisprudence and Islamic Law, Faculty of Humanities. Yasouj University.Yasouj, Iran.

² ph.d student. Department of Jurisprudence and Islamic Law, Faculty of Humanities. Yasouj University.Yasouj, Iran.

³ Department of Jurisprudence. Faculty of Humanities. Yasouj University.

Abstract

This research employs an analytical-descriptive method with a jurisprudential-ijtihadi approach to examine the legal nature of how zakah attaches to wealth. The central question of the study is to analyze the relationship and connection between zakah-eligible wealth and its recipients: Is this relationship merely an obligatory ruling (a duty of payment for the owner) or a positive ruling (establishing a substantive right for the recipient)? This inquiry evaluates various possible interpretations of this attachment based on textual and rational evidence. The findings of the research indicate that none of the absolute theories (purely obligatory or purely substantive) are capable of providing a comprehensive and inclusive shar’i (legal-Islamic) explanation or resolving all challenges. By employing a method of harmonizing evidence and emphasizing contextual unity, the theory of shared ownership in kind within a specified asset emerges as the primary approach. Accordingly, zakah constitutes the right of the recipients to a share in the ownership (economic value) of a specific portion of wealth, in the form of an unspecified and general share. This explanation simultaneously accepts the positive (wad’i) aspect of zakah, justifies the flexibility in the method of payment (permitting payment in kind or in cash), safeguards the financial rights of the recipients, and establishes a logical balance between the discretion of the owner and the rights of the recipients. Furthermore, it is fully consistent with all eight categories of zakah recipients

Keywords

• Zakat
• Nature of Zakat's Obligation (How Zakat Attaches)
• Zakatable Assets/Property
• Partnership in Ownership/Value
• Generic-in-Specific

Main Subjects

• Ibadah Figh