Zakat, Tattoos, and Movies
By Dr Muzammil H. Siddiqi

Q 1. Islamic lunar calendar year is of 354 days while the Gregorian calendar is of 365 days. To compute Zakat properly, one needs the accurate balances for all the investment accounts, etc., on a specific day of the lunar calendar year. Most of the time it is very difficult to get this information since statements from financial institutions and one’s company come only monthly or every three months. However, it is much easier to get the same information for December 31 from all sources. Can I compute the Zakat based on this December 31 information and then increase the amount thus computed by a ratio of 365 to 354 days to increase the Zakat amount for the 11 additional days of the Gregorian calendar and thus follow the Georgian calendar year for more accurate calculation and payment of Zakat? I have prepared an Excel spreadsheet for the computation of Zakat. Am I doing the right thing by using this method?
A 1. It is recommended to pay the Zakat according to the lunar calendar, though it is not necessary. One can pay the Zakat according to the solar calendar as well. It is, however, better to calculate it for 354 days and pay for an extra 11 days Zakat when one is calculating it with the solar year.
Q2. It is generally known that one should pay Zakat on all the assets under one’s control. However, there is some confusion about the asset accounts such as company managed 401(k) Tax-Deferred Retirement plan accounts. 401(k) retirement plan accounts are tax-deferred accounts that many companies and the IRS allow for the employees to invest in but once invested, the money is not available to the employee until either the day the employee retires or leaves the company. Once invested, this money is not under the control of the employee and is totally managed by the company or their agents. I am NOT talking about the individual IRA accounts which the individuals can open and manage themselves and I fully believe Zakat is obligatory on these IRA accounts since they can be cashed anytime by paying IRS the tax and penalty. I am talking about the company managed 401(k) Tax-Deferred Plans (funded mostly by the employee contributions and some matching funds by the company). Should these 401(k) accounts also be considered every year when computing Zakat or should they be ignored till the individual has received the control of the assets in the 401(k) account?
A 2. The basic rule of Zakat is that it is due on the wealth that one owns and has the freedom to use. I think this 401K Account is similar to what is called “Provident Fund” in India and Pakistan. A committee of ‘Ulama’ under the leadership of Maulana Mujahidul-Islam Qasmi discussed this issue in great detail. In the light of the discussion of the scholars the following points can be presented:
1. The employee’s contribution to this fund is Zakatable if it is done by his/her own choice.
2. There is no Zakat due on these funds if they are collected compulsorily by the employers due to the company or government’s policies. Zakat will be due on these funds when they can be withdrawn.
3. There is no Zakat due on the company’s matching contributions until they can be withdrawn.
4. When these funds can be withdrawn, then if they reach the value of Nisab (3 ounces of gold or its cash value) and a year passes on them, then the Zakat (at the ration of 2.5 per cent) will be due.
5. The Zakat must be paid for the money that one receives and then voluntarily contributes to a retirement fund (such IRA, etc.), if it reaches the Nisab and after a period of one year.
(For more discussion on this subject one can consult, Majallah Fiqh Islami, Masa’il al-Zakat, volume 5, part 2, Qazi Publishers, New Delhi, 1994)
Q 3. I have been married to an American woman for 16 years. We have three children. We had a civil marriage through the justice of the peace. Is my marriage haram? I live on an island with no other Muslims. We are trying to have a Muslim marriage lately but time is not helping us. Please advise as to how we can have an Islamic marriage where we live.
A 3. Your marriage is not haram, but it was not done according to the Sunnah. The minimum requirement of marriage is “proposal and acceptance in the presence of two trustworthy witnesses.” Since in your place no other Muslims were available, you had an excuse. You have fulfilled the minimum requirements. May Allah bless you and keep you together with happiness. Raise your children according to Islam and give the message of Islam to others. InshaAllah, soon you will have many Muslims in your island.
Q 4. I read your articles on the Internet so if you could please post your answer I would very much appreciate it.
My question is regarding tattoos. My husband and I are both reverts to Islam. We are both Americans and lived a typical American lifestyle before reverting. My problem is this: my husband has extensive tattoo work done on his arms, chest, and legs. I also have some tattoo work on my back, chest, and one leg. We would like one day to go to Hajj, InshaAllah. But, my husband is concerned that his extensive tattoos will cause him problems. Already some Muslims are a little uncomfortable of him when he makes Wudu. (he was in the military for 20 years not prison or anything like that).
Due to the extensive nature of his tattoos it would be so expensive to remove them that we don’t have removal as an option at this time. Also, that would maybe leave extensive scarring as well.
Should we not do Hajj? As a female I do not have this worry since I am now covering, but my husband still has to worry about his arms and chest showing.
A 4. It is haram to make tattoos on the body. However, the Prophet - peace be upon him - said, “Islam takes away the sins done before it.” If these tattoos cannot be removed easily or if you have to spend too much money to remove them, then you should not worry about them. When Hajj becomes obligatory on you, you should perform Hajj and do not neglect Hajj because of the tattoos on your body. No one should stop you from going to Hajj because of the tattoos. I have seen hundreds of pilgrims, men and women, who come from some countries and they have all kinds of tattoos on their faces and bodies. It is forbidden in Islam, but among some tribes in Africa, unfortunately, it is still practiced, even among Muslims.
Q 5. I have some questions about the X rated movies. Please answer in the light of the Qur’an and Sunnah.
1. How a Muslim should act when he is asked to watch above? By only watching “X” rated movies, can a Muslim be accused of committing adultery or does it reach the level of adultery? What would be an Islamic approach to do without above for a person who is addicted to it? Would this be considered a major or minor sin? How a Muslim should combat addiction of watching “x” “r” rated movies? What would be the best way to ask Allah (SWT) to forgive above? Should a Muslim still continue to pray 5 daily prayer while he engages himself/herself to above shameful act once a week? Can one keep repetitive promises to Allah (SWT) in repentance that he will not do above again but he still cannot resist? In the light of Qur’an and Sunnah what would be the punishment of a Muslim who cannot control above?
A 5. Pornographic pictures and movies are haram. Muslims should not watch, sell or make such movies. The Prophet - peace be upon him - said , “The eyes commit adultery, the tongue commits adultery, the hands commit adultery, the feet commit adultery and then the private parts confirm it or deny it.” (Musnad Ahmad bin Hanbal, Hadith no. 8488.) This means that watching pornographic movies, listening to such songs or singing them, using one’s hands and feet for this purpose, all these are sins that are related to Zina and then the final act of Zina takes place through haram intercourse. Of course haram intercourse is the major sin but that which leads to sin is also a sin. If one persists in a minor sin, it also becomes a major sin. Those who are involved in such addiction should repent, ask Allah’s forgiveness. Pray to Allah to clean their hearts and give them the strength of resolution and protection from Shaitan. It is better for a person who is suffering from this addiction to stop watching TV for some time, until the person gains control over oneself.
Of course, one should not leave Fard prayers if one is involved in this sin. If one is involved in one sin, this does not mean that one should start other sins as well. One should try to get rid of sins, not to increase them. Some time people make promise to Allah and repent and then, under the influence of Shaitan, they break their promises. It is for this reason, it is recommended that one should move from the place of sin or do something extra to get out of this vicious circle. It may be good to disconnect and put away the TV and VCR. This will remind more about the promise made to Allah.
As far as the punishment is concerned, sin is a serious matter and one should not take it lightly. Only Allah knows what will be the punishment. May Allah protect us from sins and save us all from His wrath and punishment.

Editor: Akhtar M. Faruqui
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