Wang hibah sah, pendeposit tak tahu realiti kewangan TH

The Federal Mufti Department praised Malaysia's transition from charitable donations to Wakalah contracts in 2019, shifting to a profit-based, actual return model rather than relying on voluntary almsgiving. In its statement, the department clarified that all issues of mismanagement, non-compliance with statutes, and creative reporting of accounts were burdens for the management at the time, not for the depositors or the general public.

The department explained that donations received by depositors are not considered haram or mandatory returns, as their receipt is based on a complete and proper gift agreement. Furthermore, any pilgrims who used the almsgiving money for Hajj during that period had their pilgrimage deemed valid and not compromised, the department said.

The department clarified that during that time, the agreement between depositors and TH was a Wadi ah Yad Dhamanah (Guaranteed Deposit) contract, or TH was seen as borrowing money from depositors to invest in various ventures. Consequently, TH could not promise any profits, and the returns given to depositors were purely voluntary donations.

Therefore, when a declared donation was inserted into a depositor's account, it was considered to have taken place automatically and the law recognized it as the depositor's property. The department also noted that the shift from charitable donations to Wakalah contracts in December 2019 was a very appropriate action, as the institution acts as an investor and returns calculated based on actual profit, not charity donations.

"Therefore, if there is a situation of no profit or deficit in the future, TH cannot return any donations automatically," the department stated, emphasizing the importance of strict adherence to accounting standards and legal compliance to avoid any misconceptions, increase diligence, and ensure full accountability.