التجديد الفقهي في حكم مقدار المالية التي يحرم بها الشخص من جباية الزكاة بعد هبوط سعر الدراهم الفضية: دراسة فقهية تحليلية للمجتمع الباكستاني

Al-Tajdīd Al-Fiqhī Fī Ḥukm Miqdār Al-Mālīyah Alltī Yaḥramu Bihā Al-Shakhas Min Jibāyah Al-Zākah Bʿada Habūth Siʿar Al-Darāhim fiḍīyah: Darāsah Fiqīah Tahlīlīyah Lilmujtamʿ Al-Bākistānī

Abstract

To be eligible to receive the zakāt (almsgiving) money, the recipient must be needy and do not possess, in excess of his basic needs, silver or gold or anything else including the cattle which reaches the level of nisāb (the minimum threshold figure), which is 3 ounces (i.e., 7.5 tola/84.47 gm) of gold or 21 ounces (i.e., 52.5 tola/612.6 gm) of silver or their equivalent in cash, according to the mainstream sunni jurists of Islamic law. The nisāb of livestock is measured in a different way, however, there was no considerable difference of value between the different levels of prescribed nisāb in the early period of Islam. With the passage of time, the silver has become much cheaper in comparison with the other levels of nisāb on the one hand. On the other, it is silver which has been considered by the majority of jurists including the Hanafi `ulamā in Indo-Pak subcontinent as a measure of nisāb of zakāt for both the personal and business wealth. Describing the huge change occurred in the value of silver, this paper draws the attention of the contemporary Hanafi `ulamā to reconsider the position of silver as the only measure of nisāb because it deprives of millions of needy people in Pakistan to receive their due right.