
gold, silver and money, is required only once a year.
It  does  not  apply  to  crops,  fruits,  honey,  extracted
minerals and found treasure.
However, there are some variations among the
companions and followers on this haul condition. It
was  reported  that  Ibn  Mas’ud,  Ibn  ‘Abbas  and
Mu‘awiyah to have taken the view that zakat is due
on assets when acquired, without needing the passage
of a year, if that earned asset fulfills the nisab on its
own  or  after  being  added  to  the  assets  that  were
already owned before its accrual. In fact, this is also
the opinion of Imam Yusuf al-Qardawi (1999) where
he chose not to establish the requirement of the haul
on the zakat on income as what we have previously
discussed. This is because according to him the hadith
and athar related to the haul of the zakat is not at the
level of sahih or hasan. Therefore, it cannot be used
as  an  argument  in  establishing  the  requirement  of
haul in zakat al-Mal al-Mustafad. The requirement of
haul is waived by some jurists and scholars as it can
be considered as in an advance payment of zakat. An
advance payment of zakat refers to a payment of zakat
before  the  completeness of a haul and  it may take
place before or after the completion of nisab.
The advance payment of zakat is approved and
strongly based on hadiths such as the one narrated by
‘Ali  where  Ibnu  Abbas  has  asked  the  Prophet
Muhammad SAW  regarding  advancing  his  zakat
before the completion of the haul, and the Prophet
Muhammad SAW has allowed him to perform it (al-
Qarafi,  1994).  Besides  that,  there  is  Islamic  legal
maxim which states that :
ﺰﺋﺎﺟ ﻪﺒﺒﺳ مﺪﻘﺗ اذا ﻪﻃﺮﺷ ﻰﻠﻋ ﻢﻜﳊا ﱘﺪﻘﺗ نا
Means:  Preceding  a  law  before  its  requirement
when its reason precedes, is permissible”
Furthermore,  when  the  payer  or  the  owner  of
zakatable wealth is willing to forgot his right to the
obligation  of  the haul,  it  no  longer  becomes  a
requirement in the payment of zakat and it is similar
to  the  case  of  debt  which  is  paid  earlier  than  the
originally promised sttlement date. Based on Islamic
history, the first one who collected zakat from salary
and income was Mu’awiyah ibn Abi Sufyan as it is
reported in al-Muwatta’ of Malik (al-Qardawi, 1999).
It is beyond imagination to assume that Islam may
impose  zakat  on  a  poor  farmer  who  produces  the
nisab  and  exempt  the  owner  of  a  building  that
produces many times the income of the farmer, or a
professional  corporate  like  Senior  Executive  and
Chief Financial Officer, whose daily income may be
equal  to  that  of  the  farmer  for  one  full  year.    As
highlighted  above,  therefore  these  categories  of
professional  people  cannot  be  excluded  from  the
payment of zakat.
These facts show us that the implementation of
zakat al-Mal al-Mustafad in Selangor are actually still
in line with the syariah understandings on zakat. This
is  because  some  prominent    Muslim scholars  like
Professor  Dr.  Yusuf  Al-Qardawi  and  many  others
agreed on the obligation of zakat on income without
completing a haul, based on  the athar sahabat and
tabi'in  (Abdullah bin  Abbas,  Abdullah  bin Mas'ud,
Mu'awiyah  bin  Abi  Sufyan,  and  Umar  bin  Abdul
Aziz):
 ِﰲ" ِّﺮﻟا َﺟ ِﻞ َﻳ ْﺴ َﺘ ِﻔ ُﺪﻴ َﻣ ًﻻﺎ َﻗ َلﺎ ُـﻳ َﺰ ِّﻛ ِﻪﻴ ِﺣ َﲔ َﻳ ْﺴ َﺘ ِﻔ ُﺪﻴ"ﻩ
Which means: "A person who obtain al-Mal al-
Mustafad is obliged to pay zakat when obtained."
Furthermore,  regarding  the  issue  of  the
implementation of zakat on income which does not
fulfilling the nisab for those who are their monthly
salaries and income are lower but generally the total
income for one whole year will fulfill the nisab, the
concept  of ta'jīl (paid  before  the  end  of  the  haul
period) is the best way to pay zakat. This method is
very important to reduce the burden of payers at the
end of the year (end of haul) to pay zakat in  large
amounts, and at the same time, ta'jīl can also prevent
them from running out not to pay zakat on income as
what has been regulated to them  by Allah The All
Mighty and the enacted laws.
5 ZAKAT AL-MAL AL-
MUSTAFAD IN SELANGOR
Selangor  can  be  considered  as  the  most  advanced
state in terms of its implementation and enforcement
where the Selangor state government has required all
Muslim  employees  of  the  statutory  bodies,  state
government  bodies,  agencies  and  subsidiary
companies  serving  at  the  state  of  Selangor  to  pay
Zakat al-Mal  al-Mustafad to  Lembaga  Zakat
Selangor  (LZS)  through  salary  deduction  scheme
known  as  “Skim  Berkat” (Berkat  Scheme)
(Suryani,2012).
This fatwa on the obligatory of zakat on income
earnings by Muslim individuals had been gazatted on
9 May 2002 under the Administration of Islamic Law
Enactment  1989,  stating  that  zakat  on  income  is
mandatory for Muslims who are living or working in
Selangor, and they must pay zakat on income to the
Lembaga  Zakat  Selangor.  Indeed,  zakat  al-Mal  al-
Mustafad  in  Selangor  is  not  subject  to  haul
requirement.  Therefore  zakat  al-Mal  al-Mustafad
must be paid once received or earned. This is still in
line  with  the  syariah  jurisdiction  contained  in  the
Fatwa  Collection  System  of  Selangor  State  Zakat
Zakat Al-Mal Al-Mustafad in Selangor: It’s Implementation and Challenges
35