Wakaf properties (English)

ADMINISTRATION OF MUSLIM LAW ACT

(CHAPTER 3, SECTION 32)

FATWA ISSUED BY FATWA COMMITTEE, ISLAMIC RELIGIOUS COUNCIL OF SINGAPORE

The Fatwa Committee has convened for a fatwa meeting on 28 October 1985 to deliberate the question regarding wakaf properties which are no longer earning income.

Fatwa

بسم الله الرحمن الرحيم

الحمد لله رب العالمين ، والصلاة والسلام على سيد المرسلين وإمام المتقين نبينا محمد وعلى آله وأصحابه أجمعين. اللهم أرنا الحق حقا وارزقنا اتباعه، وأرنا الباطل باطلا وارزقنا اجتنابه، وبعد.

Background

1. After a certain period of time, a particular wakaf property may no longer be no longer beneficial or practical to be administered because the income earned is not enough to fulfil the intentions of the wakif (testator). The Fatwa Committee has received a query whether such wakaf properties can be sold off and the proceeds used to invest under the Trustee’s Act so that the wakaf can continue to exist. In such a case, what would happen if the investment were unsuccessful? Can the wakaf be dissolved and the administrator absolved from its responsibility from a religious perspective?

Fatwa committee decision

2. In essence, a Wakaf is described as permanent and provides continuous good deeds for the wakif.

3. As long as the original value of the wakaf property is maintained, the property can be sold and form the proceeds to purchase other properties, with the intention of earning higher income and with the condition of continuing the good deeds of the testator. The administrator of the wakaf is responsible for all actions taken in the administration of the respective wakaf. If the investment fails despite the due diligence of the administrator, they are absolved from responsibility from a religious perspective.

والله أعلم، وبالله التوفيق، وصلى الله على سيدنا محمد وعلى آله وصحبه وسلم.

SYED ISA BIN MOHD BIN SEMAIT

CHAIRMAN, FATWA (LEGAL) COMMITTEE

MUFTI OF THE REPUBLIC OF SINGAPORE