FT mufti rebuts Mujahid's claim of 'haram' Tabung Haji dividends

 

The “hibah” (dividend) money received by Tabung Haji depositors in years recorded with financial deficits is validly owned and does not need to be returned, said Federal Territories mufti Ahmad Fauwaz Fadzil.

In a “Tinta Mufti” article published yesterday, he explained that syariah law recognises the approach of validating transactions that have already occurred to protect the rights of contracting parties and avoid greater harm.

The approach, Fauwaz (above) said, aligns with the legal maxims of “fiqh”, which upholds hardship as an accepted principle in syariah, particularly when involving completed dealings that affect millions of depositors.

The mufti's statement comes after former religious affairs minister Mujahid Yusof Rawa described Tabung Haji’s payment of dividends despite its losses as “haram” money for depositors to receive.

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In a "Kini Jelas" podcast produced by KiniTV, he said Muslims should not celebrate high dividend rates without asking whether the payments were lawful and complied with Islamic principles.

‘Conditions fully met’

However, Fauwaz said the “hibah” cannot be categorised as "haram" or “syubhah” (doubtful) property because its receipt was made based on a “hibah” contract whose delivery conditions were fully met.

"The ‘hibah’ money received by depositors in those deficit years is validly theirs and does not need to be returned.

"It is not haram or ‘syubhah’ property because it was received based on a ‘hibah’ contract whose delivery conditions were fully met," he explained.

Fauwaz added that any depositors who have used the “hibah” money, including for the purpose of performing haj, need not worry, as their pilgrimage remains unaffected.

He further affirmed that issues of account mismanagement, non-compliance with legal provisions, and allegations of inaccurate accounting reports were the responsibility of the management, and not the depositors who were unaware of the institution's actual financial standing.

"Any pilgrims who have performed the haj using the ‘hibah’ money need not feel anxious because their pilgrimage is valid and completely unaffected.

"All issues (affecting Tabung Haji) are the responsibility of the management at the time, not the depositors or the public who did not know the reality of Tabung Haji's internal financial position," he stressed. - Mkini