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(F 293) My young daughter was gifted some gold when she was very young. She only uses it rarely, about once a year, and sometimes a year passes without her using it at all. Is this gold subject to zakāh (charitable giving) or not? Note that we did not buy this gold with the intention of saving it, nor do we intend to, but at the same time, she does not use it for adornment.

The scholars of the different Islamic schools of Islamic thought have differing opinions on the zakāh of jewelry intended for personal use:

The Ḥanafīs, one narration from ᾽Aḥmad, Ibn al-Mundhir, al-Khaṭṭābī, and Ibn Ḥazm aẓ-Ẓāhirī, believe that zakāh is obligatory on all gold and silver that reaches the niṣāb (minimum amount), regardless of the reason for possession. They argue that hoarding gold is akin to using it because the material does not change, and both retain their value.

The majority of scholars from the Mālikī, Shāfi῾ī, and Ḥanbalī schools exclude gold and silver intended for personal use from zakāh. They argue that these metals, when crafted into jewelry, are similar to personal belongings like clothes and food, and thus, only the raw materials are subject to zakāh, not the finished product.

Our opinion is that the ruling on zakāh varies depending on the circumstances of the gold and silver owner. If the owner is in a situation like that described in the question, or if a woman is capable of earning or is wealthy, then zakāh is obligatory on the gold and silver jewelry if it reaches the niṣāb.

However, if the owner is poor or incapable of earning, such as an elderly person, then zakāh on the used gold is not obligatory.

It is also important to mention that scholars have different views on the zakāh of wealth owned by minors (those who have not reached the age of maturity):

The majority of scholars believe that zakāh is obligatory on the wealth of minors and the insane, following the general evidence for zakāh that does not distinguish based on age but rather on the capability and the threshold of zakāh wealth.

The Ḥanafīs, on the other hand, argue that zakāh is not obligatory on a minor’s wealth, since zakāh is an act of worship. Just as other acts of worship like prayer, fasting, and pilgrimage are not obligatory on minors, zakāh should also not be obligatory, to avoid inconsistency in the obligations.

We align with the Ḥanafī view, considering the consistency of obligations.

Fatwā issued by Dr. Khālid Naṣr