FatwaNegeri SembilanEndowment (Waqf) & Religious Property
Tanah wakaf
Does land endowed for a mosque remain waqf if the mosque no longer functions and the land has been returned to the heirs, and can other construction be built on it?
Short answer
The land is still regarded as waqf land for as long as it exists.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Negeri Sembilan Mufti Department
- Status
- Opinion (irsyad)
- Series
- Soal Jawab Agama
- Topic
- Endowment (Waqf) & Religious Property
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
The land is still regarded as waqf land for as long as it exists. To change the waqf status of the mosque site to another type of construction, approval and the views of the state fatwa committee are required through a process called istibdal of waqf property. Waqf property may not be sold, gifted or inherited, and its benefits are managed as far as possible according to the terms set by the endower.
Written in our own words from the original fatwa — check the source before acting on it.
Tanah itu masih lagi dianggap tanah wakaf selagi ia wujud atau ada.
Read the full fatwa on the Negeri Sembilan website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Negeri Sembilan Mufti Department. “Tanah wakaf”, date not stated. https://muftins.gov.my/soaljawab/tanah-wakaf/. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/status-of-mosque-waqf-land-no-longer-used/