FatwaPenangEndowment (Waqf) & Religious Property
TANAH PEGANGAN NO. 1798 DAN 1799 MK. 12, DAERAH BARAT DAYA, PULAU PINANG.
Can waqf land be replaced with other land through istibdal waqf, as in the case of Land Holdings No. 1798 and 1799 in the Southwest District, Penang?
Short answer
According to the well-known view of the Shafie school, waqf land may not be sold, gifted or inherited, even if it is damaged.
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
According to the well-known view of the Shafie school, waqf land may not be sold, gifted or inherited, even if it is damaged. Some Shafie scholars allow a waqf to be sold and the proceeds used to buy another waqf, known as istibdal waqf, and the Hanafi school allows it except for mosque waqf. The istibdal view within the Shafie school is described as weak, so the matter must first be referred to the Penang Islamic Religious Council, where the land is already registered, and the Council's decision is requested.
Written in our own words from the original fatwa — check the source before acting on it.
MENGIKUT PANDANGAN YANG MASYOR DARIPADA MAZHAB IMAM SYAFIE TANAH WAKAF TIDAK BOLEH DIJUAL, DIHEBAH ATAU DIWARISI , WALAU ROSAK SEKALIPUN
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. “TANAH PEGANGAN NO. 1798 DAN 1799 MK. 12, DAERAH BARAT DAYA, PULAU PINANG.”, 28 September 1993. http://efatwa.penang.gov.my/fatwa_details.php?fatwaid=1193. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/can-waqf-land-be-replaced-istibdal/