FatwaJohorEndowment (Waqf) & Religious Property
HARTA WAKAF
Can valid waqf property such as mosques, schools and surau land be sold or transferred?
Short answer
Valid waqf property such as mosques, schools, and mosque and surau land becomes the property of Allah and is released from the ownership of the founder, the nazir, trustees or any other party.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Johor State Mufti Department
- Date
- Status
- Fatwa committee decision
- Series
- Fatwa Negeri Johor
- Topic
- Endowment (Waqf) & Religious Property
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
Valid waqf property such as mosques, schools, and mosque and surau land becomes the property of Allah and is released from the ownership of the founder, the nazir, trustees or any other party. Based on the hadith of Umar's waqf, waqf land cannot validly be sold, gifted or inherited by heirs. Therefore, any sale of waqf property is invalid under Islamic law.
Written in our own words from the original fatwa — check the source before acting on it.
Kesimpulannya sebarang maukuf (harta wakaf) yang sah seperti masjid, sekolah, tanah-tanah tapak masjid dan surau dan sebagainya adalah menjadi milik Allah
Read the full fatwa on the Johor website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Johor State Mufti Department. “HARTA WAKAF”, 30 March 1991. https://said.johor.gov.my/perkhidmatan/paparan_detail_fatwa.php?id=1394. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/can-valid-waqf-property-be-sold/