The law of zakat on joint property is still rarely heard as a major topic of discussion in society. In fact, this is an important topic in modern marriage, especially regarding the obligation of zakat on the joint property of husband and wife. The term “joint property” itself is in Islamic law, but scholars discuss it through the fiqh concept of “syirkah” or joint ownership. Understanding the position of Islamic law is key to fulfilling zakat obligations correctly and fairly.
Read also: Correct Nisab of Zakat on Assets to Purify Wealth
The Relationship Between Zakat and Joint Assets
The division of joint property owned by a husband and wife must be clear before zakat is paid, because zakat is only obligatory on property that is fully owned (al-milk at-tam). As long as ownership is still shared between husband and wife, it cannot be determined who is obliged to pay zakat. After the property is divided, it will be clear whether the husband’s or wife’s share has reached the nisab and haul. If yes, then they are obliged to pay zakat, while if not, then there is no obligation for them. This is in accordance with Imam Nawawi’s explanation in Al-Majmu’ that zakat only applies to assets whose ownership is clear.
Read also: Prayer for Zakat on Income So that Wealth Becomes More Blessed
Sharia Concept of Zakat Law on Joint Property
Zakat is only obligatory on assets whose ownership is clear and which meet the nisab and haul requirements. The law of zakat on joint property becomes important when assets acquired together in marriage are accumulated without a clear agreement or division between the couple.
Islamic Sharia does not recognize the term “joint property” as jointly owned assets. Each husband and wife has their own personal property, as Allah says in Surah An-Nisa’ verse 20, “If you wish to replace one wife with another, and you have given one of them a great deal of wealth (as a dowry), do not take any of it back. Would you take it back by means of falsehood and manifest sin?”
In Surah An-Nisa’, Allah SWT emphasizes that if a husband has given his property to his wife, then it becomes the wife’s right. The husband has no right to take it back without the wife’s consent. Moreover, the husband’s obligation to provide for his family also confirms that the wife’s property remains the wife’s property, not joint property that can be used by the husband without permission. Property acquired jointly (by husband and wife) does not automatically become joint property.
Read also: Zakat in Islamic History After the Era of the Companions
Definition of Gono Gini Property According to Scholars
Gono-gini property in the perspective of Nahdlatul Ulama scholars was discussed in the 1st NU Congress. The clerics formulated that joint property can be analogized as Syirkah Abdan, which is a business partnership between husband and wife. This means that whether both contribute capital or only one party provides capital, the proceeds of the business can be considered joint property when they are mixed. If the contributions of each party can still be distinguished, then the property is returned according to each party’s contribution. However, if it is difficult to distinguish, then the settlement is done amicably (sulh). This opinion is reinforced in Hasyiyah asy-Syarqawi by Musthafa adz-Dzahabi, which emphasizes that when the property grows from the property of one party, all the property becomes his/her property, while the other party is entitled to wages as a form of sharia justice (Musthafa adz-Dzahabi, Hasyiyah asy-Syarqawi, Darul Kutub al-Islamiyah, volume II, p.109).
Read also: Types of Wealth that Must Be Issued Zakat
Syirkah Abdan as a fiqh concept has been explained by classical scholars. Sheikh Zakariya al-Anshori in Fathul Wahab mentions that this syirkah occurs when two parties agree to run a business, either with the same or different professions. When the business ends, the profits must be divided equally if possible, or divided according to local customs. Sheikh Syihabuddin ar-Ramli in Fathurrahman Syarah Zubad Ibn Ruslan adds that if two people are partners in a business and then separate, the profits from the business are divided equally. However, if this is not possible, the distribution is carried out according to the estimated wages that apply in the community (Fathurrahman, Darul Minhaj, 2009, volume I, p.624). This formulation is the basis for NU scholars in viewing joint property as a form of syirkah that is valid according to sharia.
Read also: Definition of Zakat, Terms, and Types According to Islam
The Practice of Zakat on Joint Assets
When a married couple has not clarified the status of their assets and they separate, an agreement is necessary. Once an agreement has been reached, for example through peaceful means (sulh), it will be clear who is responsible for paying zakat on those assets. For example, the party who receives a certain portion is obliged to pay zakat in accordance with the provisions of the Sharia.
Read also: Zakat Maal for the Poor, Bringing Broad Benefits to the People
To prevent ambiguity regarding the status of zakat, couples are encouraged to make a pre-marital property separation agreement. If there is no agreement, but the couple still wants to pay zakat, they can mutually agree or establish a Syirkah Abdan to divide their respective shares of the property. Thus, each individual can pay zakat in their own name, and the zakat law on joint property can be enforced according to Islamic law.
The zakat law on joint property must be fulfilled based on clear and definite ownership. Islam does not recognize joint property as automatically created. Unless there is a syarikah or a sulh agreement, then it will be determined who is obliged to pay zakat. To be fair and in accordance with sharia, couples are encouraged to settle the division of joint assets and ensure that each party complies with the zakat provisions according to their respective portions.
