Are deposits with Tabung Haji wadi'ah, and what are the conditions of a wadi'ah contract?

Short answer

The committee ruled that the offer (ijab) in wadi'ah must be expressed verbally, while acceptance (qabul) is sufficient by receipt alone.

Federal TerritoriesFatwa committee decision

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority: Federal Territories Mufti Office
Status: Fatwa committee decision
Series: Keputusan Fatwa Wilayah Persekutuan (e-Fatwa)
Topic: Transactions & Finance

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

The committee ruled that the offer (ijab) in wadi'ah must be expressed verbally, while acceptance (qabul) is sufficient by receipt alone. Wadi'ah is a trust, and it becomes a guaranteed liability when the recipient takes benefit from it. Deposits at Tabung Haji at the time were not wadi'ah but took the form of dhamin (guarantee), based on the Tabung Haji Act. The committee suggested that Tabung Haji set up a special division if it wishes to operate wadi'ah.

Written in our own words from the original fatwa — check the source before acting on it.

Simpanan yang dibuat di Tabung Haji sekarang bukanlah berebntuk wadi'ah

Excerpt from the original fatwa · Federal Territories

Read the full fatwa on the Federal Territories website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Federal Territories Mufti Office. “Wadi’ah”, date not stated. https://efatwa.muftiwp.gov.my/fatwa/WADI%E2%80%99AH. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/tabung-haji-deposits-wadiah-contract-conditions/