Praise be to Allaah.
Firstly:
This transaction which is known as an employees’ fund is the
subject of a difference of scholarly opinion, but most of them are of the
view that it is permissible.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was
asked about a group of teachers who, at the end of every month, collect a
sum of money from their salaries and give it to one of them; the following
month they give it to another person, and so on until all of them have taken
their share. What is the Islamic ruling on that?
He replied:
There is nothing wrong with that. It is a laon in which there
is no stipulation that anyone be given any additional benefit. The Council
of Senior Scholars looked into that and determined by a majority that it is
permissible, because it serves the interests of all without harming anyone.
And Allaah is the source of strength. End quote from Fataawa Islamiyyah
(2/413).
With regard to zakaah on that, it is based on knowing the
following:
1.
Whoever possesses money that
reaches the minimum threshold (nisaab) and one full year has passed, is
obliged to pay zakaah on it. The nisaab is the equivalent of 85 g of gold or
595 g of silver. The year begins from the time that the money reached the
minimum threshold.
2.
Whoever acquires wealth during
the year which does not result from the original sum, such as if it comes to
him by way of inheritance or a gift or a loan, should start a new year and
pay zakaah on it when the year ends. Or he may add it to the year of what he
has of previous wealth, so that he can pay the zakaah on all of it at one
time, which is the end of the year for the first wealth, in which case he
will have paid zakaah for the second sum in advance, before the year has
passed, and this is permissible.
3.
If a person is owed money and
the borrower is well off and acknowledges the debt and is willing to pay it
at the agreed time, he has to pay zakaah when the year has passed, even if
the debt lasts for several years.
4.
If a person is in debt and has
money, he must pay zakaah on his wealth when the year has passed, without
omitting the debt that he owes from the total sum, according to the more
correct of the two scholarly opinions.
Based on that, the view concerning the zakaah on the
employees’ fund is as follows:
(a)
The one who receives the collected money, if it reaches the
minimum threshold, may either add it to the year of money that he has
previously acquired, or start a new year with it, then pay zakaah on it at
the end of that year, if the nisaab remains until the end of the year. But
if he spends the money, and it is all gone or falls below the threshold,
then he does not have to pay zakaah. For example, a man has money that
reaches the minimum threshold in Ramadan, then he receives the money from
this group in Shawwaal. He may either pay zakaah on the total amount in the
following Ramadan, or he may pay zakaah on each amount when its year is
complete, one in Ramadan and the other in Shawwaal.
(b)
If the amount of the monthly installment reaches the minimum
threshold (nisaab), or he has other money apart from this money which brings
it up to the threshold, then one full Hijri year has passed since he joined
this scheme. For example, the total amount that Zayd pays is 20,000, and he
has not received any money from this scheme yet. He has to pay zakaah on
this amount (20,000), because it comes under the ruling of a debt that is
owed to him by his fellow participants.
If the monthly amount does not reach the minimum threshold,
and he does not have any other money that would bring it up to the
threshold, then the year for zakaah begins when what he gave reaches the
minimum threshold.
And Allaah knows best.