Respect syariah decision on Tabung Haji zakat issue, says Pahang Mufti

PETALING JAYA – The zakat issue involving Lembaga Tabung Haji (TH) for the 2016 to 2019 period does not concern the validity of the zakat that was paid, but rather a review of the contract (akad) used at the time.

Pahang Mufti Professor Datuk Dr Asmadi Mohamed Naim said the Royal Commission of Inquiry (RCI) report never concluded that the zakat paid by TH for that period was invalid.

He said the report discussed the syariah and legal position of the contract between TH and its depositors, and proposed improvements.

"The issue discussed in the RCI report is not about whether the zakat that was paid is valid or invalid.

"It cannot be understood in isolation to the point of concluding that the zakat paid by TH is invalid or impermissible," he said in a Facebook post today. (Quotes translated from Bahasa Melayu.)

Referred to MKI muzakarah

Asmadi said that in line with the RCI's recommendation, the matter was referred to the muzakarah of the National Council for Islamic Religious Affairs Malaysia (MKI) through a presentation made by TH on 24 June 2024.

That step, he said, showed the issue was resolved through the proper syariah channels and not on the basis of individual opinion or public speculation.

"The syariah review carried out after 2018 found that the wadiah contract concept used previously could not be applied perfectly, given TH's legal position which did not allow the concept to be fully implemented.

"The reality of the relationship between TH and depositors is closer to that of a fund manager and investor, which allows zakat to be computed using the business zakat approach," he said.

On that basis, he said, the TH Syariah Committee decided that the zakat computation approach used during that period remained acceptable under syariah, after examining all the facts, documents and operational realities of TH based on recognised fiqh principles.

He said shortcomings in the implementation of a contract do not necessarily nullify the entire syariah relationship, particularly when the substance of the transaction still meets the contract's main characteristics. Validating transactions already carried out by the public and avoiding hardship for the community, or raf' al-haraj, were also among the committee's considerations.

Asmadi added that the issue no longer arises in TH's current operations after the institution tightened its contract structure by adopting the wakalah contract since 2019, which he described as more complete and compliant with syariah and legal requirements.

"The public must respect decisions of syariah institutions made through the process of ijtihad by experts mandated under the law.

"It is not appropriate for an issue that has gone through a long syariah review process to be oversimplified to the point of raising public doubt over the validity of worship or religious obligations," he said.