FatwaPenangEndowment (Waqf) & Religious Property
Fatwa Mengenai Tanah Wakaf Sheikh Eusoff
What is the status of the Syeikh Eusoff waqf land in Penang, and is the founder's 1892 will valid?
Short answer
The land on which Masjid Syeikh Eusoff stands was made waqf by the 1890 Deed Poll and remains so in perpetuity.
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
- Gazetted
- Series
- Himpunan Fatwa (Warta)
- Topic
- Endowment (Waqf) & Religious Property
Gazette evidence in the source: Pg.P.U.12
Summary
The land on which Masjid Syeikh Eusoff stands was made waqf by the 1890 Deed Poll and remains so in perpetuity. A waqf cannot be revoked because time is not a factor in the waqf process. Syeikh Eusoff's will of 30 December 1892 is invalid because the property no longer belonged to him at that time. Waqf property may only be used for its benefit and cannot become the possession of any person or heir.
Written in our own words from the original fatwa — check the source before acting on it.
Harta wakaf hanya boleh diambil manfaatnya sahaja, tidak boleh dijadikan hak milik seseorang atau waris.
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. “Fatwa Mengenai Tanah Wakaf Sheikh Eusoff”, 9 November 2000. https://mufti.penang.gov.my/index.php/awam/fatwa-1/himpunan-fatwa#fatwa-mengenai-tanah-wakaf-sheikh-eusoff-9-november-2000. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/syeikh-eusoff-waqf-land-status-penang/