FatwaPenangEndowment (Waqf) & Religious Property
MEMBINA RUMAH WAKAF UNTUK MADRASAH FAKIYATID DAIMIAH, PERMATANG PAUH DI ATAS LOT 974
Can a waqf house be built for a madrasah on land that has not yet been formally endowed?
Short answer
A waqf house for the madrasah may only be built after the building site and the surrounding area it needs are formally endowed by the rightful landowner and recorded in the land title.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Penang State Mufti Department
- Date
- Status
- Fatwa committee decision
- Series
- Keputusan Fatwa Negeri Pulau Pinang (e-Fatwa)
- Topic
- Endowment (Waqf) & Religious Property
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
A waqf house for the madrasah may only be built after the building site and the surrounding area it needs are formally endowed by the rightful landowner and recorded in the land title. If the endowed land exceeds what is needed, the remainder may be used for purposes agreed by the madrasah committee. If the land is declared again as a burial waqf, the site for the waqf house may still be endowed, since burial needs are not pressing and the house serves a broader public benefit.
Written in our own words from the original fatwa — check the source before acting on it.
Binaan rumah wakaf boleh didirikan hanya di atas tanah yang diwakafkan.
Read the full fatwa on the Penang website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Penang State Mufti Department. “MEMBINA RUMAH WAKAF UNTUK MADRASAH FAKIYATID DAIMIAH, PERMATANG PAUH DI ATAS LOT 974”, 24 September 1988. http://efatwa.penang.gov.my/fatwa_details.php?fatwaid=1119. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/build-waqf-house-madrasah-on-endowed-land/