مالِ محجور سے زکوٰۃ کی ادائیگی کا مسئلہ، فقہی مسالک اور ان کے دلائل کا تقابلی مطالعہ

Payment of Zakāt from the wealth of Prevented Person (An Analytical Study of Juristic Opinions and their Arguments)

Abstract

There are some specifications and elaborations of duties and liabilities for the followers of every religion of the world. Zakāt is a religious obligation of the followers of Islām owing the financial and Sharṭ`ah capacity. Zakāt is collected from the wealth of a Muslim reaching the level of Nisāb. But if a Muslim is prevented from disposing of his property according to Sharṭ`ah limits and bindings such as Minor, Insane, Lunatic and Silly persons etc. and he owes the wealth at the level of Nisāb then how his wealth will be dealt with? This research paper is about the detailed discussion about this topic and different opinions of the Islamic jurist such as Hanafṭs, Malkṭs, Shaf`ṭs, Habalṭs and J`frṭs. Their opinions along with their arguments have been discussed in detail in this paper. Four types of arguments related to payment of zakāt from the wealth of prevented person have been discussed in this article. One of which is the arguments declaring the payment of zakāt obligatory, second type is of the arguments relaxing from this obligation and the third type is of the arguments binding the payment of zakāt but after attaining the age of majority and last one is the arguments binding the payment with some conditions.Then five schools of thought about the payment of zakāt from such wealth have been discussed in detail along with their arguments and in the conclusion the results of the discussion have been mentioned in four different point of views.This study will enable the readers and especially the guardians of the prevented persons perform their religious obligations related to the wealth of the persons prevented take any action in their wealth.