Hibah funds received by Tabung Haji (TH) depositors during years of financial deficit are validly owned and do not need to be returned, according to Federal Territory Mufti Ahmad Fauwaz Fadzil.

In a Tinta Mufti column, Ahmad Fauwaz stated that Shariah recognizes the approach of validating completed transactions to protect the rights of contracting parties and prevent greater harm. He noted this aligns with the Fiqh principle of lifting hardship, particularly regarding completed transactions affecting millions of depositors.

The Mufti clarified that the hibah cannot be categorized as haram or syubhah because it was received based on a hibah contract that fulfilled all delivery requirements.

"Wang hibah yang telah diterima oleh para pendeposit pada tahun-tahun defisit tersebut adalah sah sebagai milik mereka dan tidak perlu dipulangkan. Ia bukan harta haram atau syubhah kerana diterima berdasarkan akad hibah yang telah sempurna syarat penyerahannya,"

The commentary follows findings from a Royal Commission of Inquiry (RCI). On August 5, former Minister in the Prime Minister's Department (Religious Affairs) Mujahid Yusof Rawa characterized high dividend payments made while Tabung Haji was losing money as haram. Mujahid stated that Muslims should not celebrate high dividends without considering whether they are halal or haram, suggesting that certain dividend distributions constituted fraud and violated laws.

Regarding religious obligations, the Mufti stated that any pilgrims who used hibah funds for Hajj pilgrimage do not need to worry, as their worship remains valid and unaffected.

Ahmad Fauwaz added that issues involving account mismanagement, non-compliance with legal provisions, and allegations of creative accounting are the responsibility of the management in place at that time, rather than the depositors or the public who were unaware of the internal financial reality of TH.