Tabung Haji hibah remains valid despite RCI findings

The Federal Territory Mufti's Office (JMWP) has clarified that hibah (gifts) distributed by Lembaga Tabung Haji (TH) during deficit years, specifically between 2014 and 2020, are valid and belong to the depositors. According to the JMWP, these payments are based on a completed hibah contract and are not categorized as unlawful or doubtful property that must be returned.

The ruling follows revelations from a Royal Commission of Inquiry (RCI) regarding TH's management and operations during that period. The JMWP noted that the relationship between depositors and TH was governed by a Wadi’ah Yad Dhamanah contract, where TH acted as a borrower using funds for investment purposes. Under this contract, TH is not obligated to promise profits, making the distributed hibah a voluntary return.

The JMWP emphasized that any failures in accounting standards, legal violations, or creative accounting by management do not invalidate the Shariah-compliant status of the hibah once it has been transferred to the depositors' accounts. Furthermore, the validity of Hajj pilgrimages performed using these funds remains unaffected.