Q: I would like to inquire: if an individual deliberately refuses to pay Zakaat, does the Imaam al-Muslimeen have the authority to compel him to discharge this obligatory duty?
I have read that the Fuqaha make a distinction between amwaal-e-zahirah and amwaal-e-batinah. Could you kindly explain this further and provide references from the books of Fiqh?
A: The Fuqahaa explain that there are two types of wealth , one is amwaal e zaahirah (e.g. livestock, crops) and the second is amwaal e baatina ( e.g. gold, silver, cash).
From the both types of wealth, the imaam has the right to collect the amwaal e zaahirah of the people and distribute it among the poor.
As for amwaal e baatina, then the people themselves will discharge the zakaat of this wealth by giving it to the poor .
However, in the case where an individual does not want to give his amwaal e zaahirah to the imaam to give it in zakaat, then the imaam has the right to forcefully take it from him against his wishes and give it to the poor. In this case, the zakaat of the person will be discharged by the imaam giving the wealth to the poor on his behalf.
And Allah Ta'ala (الله تعالى) knows best.
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