Zakaah on usurped wealth

Question: 129657

I have some land that I own with official papers, but another person used deceitful methods to prove that he has ownership of it, and our case is still before the courts. One full hijri year has passed; do I have to give zakaah on this land?.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Firstly:

If your intention was to develop the land in order to live
there or to rent it out, then there is no zakaah on this land because it
does not come under the heading of trade goods. Please see the answer to
question no. 129787

But if your intention was to deal in it, then the basic
principle is that trade goods are subject to zakaah. So the value of this
land should be worked out every time one hijri year has passed, then you
should pay zakaah on it according to its market value.

But because this land has been usurped and you are not able
to dispose of it, there is no zakaah on it according to the more correct
scholarly opinion.

Ibn Qudaamah said in al-Kaafi: With regard to usurped
property, lost property and debt owed to one who cannot get it off because
the debtor is in difficulty or because he denies he owes anything or he
keeps deferring the payment, there are two view on this issue… etc.

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
There are two opinions in our madhhab. One view is that zakaah is due on it
and it is obligatory, but he does not have to give it until he takes
possession of it, whereupon he should give zakaah for the past period, even
if it has gone on for ten years.

The second opinion is that there is no zakaah due on that,
because the wealth is not in his possession and he is not able to ask for
it, and if he asks for it he will not be able to get it. This view is the
correct one.

End quote from ash-Sharh al-Kaafi.

Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him)
said: Zakaah is not due on a debt for which repayment has been deferred, or
the debtor is in difficulty or is unemployed or is denying that he owes
anything, or on usurped or stolen property. This is the view of Abu
Haneefah.

End quote from al-Ikhtiyaaraat, p. 146

But to be on the safe side, if you regain possession of this
land, you should pay zakaah for one year, even if it remained in the
possession of the usurper for several years.

For more information, please see the answer to question no.
125854

And Allah knows best.

Source:

Islam Q&A

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