If a Musi pays full Hissa Amad on their income without deducting property installment payments, must they still pay full Hissa Jaidad on that property? If so, at what rate, and on the current market value or the purchase price?

Markaz has provided the following guidance:

a) When a person does not have the means to buy a property outright, they acquire a loan to buy it. If they wish to pay Hissa Jaidad on that property during their lifetime, they bear the responsibility for the loan and must pay Hissa Jaidad according to the value of the property at the time of Tashkhees (assessment). A loan acquired during one’s lifetime is not counted, since everyone acquires loans from time to time and pays them back.

b) A person first produces a source of income and pays Hissa Amad on it. They then buy a property with the remainder of their income, whether with ready money or in installments. Payment of Wasiyyat on that property becomes binding after the Musi’s death — but the Musi also has the easier option of paying this amount during their lifetime if they wish.

c) The rate of Hissa Jaidad is the rate the Musi chose for themselves, i.e., between 1/10 and 1/3.

d) Hissa Jaidad is payable at the current market value when the formal assessment is made, except where the Musi already paid Hissa Jaidad on that very property at the time of purchase.