Q. I had not paid zakat for 24 years. When my husband’s estate was sold, I was asked if I had paid zakah on my jewelry. The estate told me that they had right over my jewelry because I did not pay zakah. Can the estate do that? Do I have to pay zakat on jewelry?
A1. If your jewelry comprises beyond the amount of nisab, and you are indeed eligible to pay zakaat, then zakaat would be obligatory upon you.
How to calculate your Zakaat:
Get hold of an Islamic calendar. Chose the approximate Islamic date that you received your gold and silver jewelry. If you got your jewelry on the 1st of muharam, then for the past 24 years try and calculate the value of that jewelry as it was on the 1st of muharam for each of the years that you had lapsed upon its payment. The data as to the price of gold and silver for each of the past years is readily available. You may have to convert between Islamic and western dates. With the advent of computers, this could be easily accomplished. Or one can go to a pious Muslim family accountant for help for such matters as well. Paying your zakaat would be the most superior thing to do.
Sayidinah Abdullah ibn Amr ibn al’As reports that a woman came to the Rasulullah (sallallaahu alayhi wa sallam) whilst she was accompanied by her daughter who wore two heavy gold bangles on her hands. Rasulullah (sallallaahu alayhi wa sallam) inquired: Did you pay zakaat on them? She said: No. Rasulullah (sallallaahu alayhi wa sallam) thereafter said: Are you content that Allah may put two bangles of fire on your hands? Thereupon she took them off and placed them before Rasulullah (sallallaahu alayhi wa sallam) saying: They are for Allah and His Apostle. (Abu Dawood, Book 9, number 1558. Paraphrased.) Also see Imaam Ahmad for a narration that proves a similar point.
Sayyidina Abdullah ibn Abbas (RA) reports that when this verse was revealed: “And those who hoard gold and silver,” the Muslims were became concerned. Sayyidina Umar (RA) said: I shall address your concern. He went to Rasulullah (sallallaahu alayhi wa sallam) and mentioned that the sahaba were distressed concerning the implications of this verse. Rasulullah (sallallaahu alayhi wa sallam) responded: Allah has made zakaat obligatory to purify your wealth, and He made inheritances obligatory that they might come to those who survive you. Sayyidina Umar then said: Allah is most great. (Hadith continues…) Abu Dawood: Book 9, Number 1660 (paraphrased)
By contrast, if your jewelry was not in your position, you had no control over it. Your husband made a claim that it was yours, but held it in his possession, or gave it to his family to control its oversight without any valid reason, and you were not allowed to do as you pleased with your jewelry; then in such a situation you would not pay zakaat on it. For you were not using it, you had no control over it. It was as if you never had it nor were you allowed to derive benefit from it. (This is a rarity, but it does happen.)
A2. If the jewelry belongs to you, you were always in control of it, no person has any claim on your assets besides you, then in such an instance, the estate cannot penalize you for your error in not paying your zakaat. Your remedy would be simple, pay your zakaat, as outlined above.
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O you who believe! Many of the (Jewish) rabbis and the (Christian) monks consume the wealth of humanity wrongly and prevent from the way of Allah. They who hoard up gold and silver and spend it not in the way of Allah, unto them give tidings (O Muhammad) of a painful penalty. 9:34
Although differences do exist amongst the uluma regarding your case, consensus does exist to the fact that if you possessed ownership and control of gold and silver, enjoyed its usage, or it was for mere investment purposes, etc. then zakaat on the jewelry would be obligatory upon you.
Allah certainly knows best.