FatwaFederal TerritoriesEndowment (Waqf) & Religious Property
AL-KAFI #1121: INGIN WAKAF RUMAH, NAMUN BELUM HABIS BAYAR
Can a house that still has an outstanding bank loan be endowed (waqf) as a tahfiz centre for orphans?
Short answer
A house still under bank financing is not yet fully owned by the endower, and full ownership is a condition for an endowed property, so endowing it is not permitted.
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
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Endowment (Waqf) & Religious Property
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
A house still under bank financing is not yet fully owned by the endower, and full ownership is a condition for an endowed property, so endowing it is not permitted. The house should first be freed from the debt. However, if the debt does not cover all of the endower's assets, the waqf is valid and can be carried out, and if the creditors consent it may proceed. The endower may choose other forms of waqf such as cash waqf and consult the Waqf Corporation or Baitul Mal.
Written in our own words from the original fatwa — check the source before acting on it.
Oleh itu, rumah tersebut perlu bebas daripada bebanan hutang terhadap bank terlebih dahulu, sebelum ia layak untuk dijadikan harta wakaf.
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. “AL-KAFI #1121: INGIN WAKAF RUMAH, NAMUN BELUM HABIS BAYAR”, 23 February 2019. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/3141-al-kafi-1121-ingin-wakaf-rumah-namun-belum-habis-bayar. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/waqf-house-with-outstanding-bank-loan/