Pahang Mufti: Tabung Haji zakat issue concerns contract, not validity

The validity of Tabung Haji's (TH) zakat payments between 2016 and 2019 has been a subject of discussion, but the Pahang Mufti, Professor Datuk Dr. Asmadi Mohamed Naim, has clarified the issue. He emphasized that the Royal Commission of Inquiry (RCI) report did not declare the zakat payments invalid. Instead, the RCI report focused on the Sharia and legal considerations of the akad, or contract, used between TH and its depositors, and proposed enhancements.

According to the Mufti, the core of the discussion was not about whether the zakat paid was valid or not. He explained that the Sharia scrutiny conducted after 2018 revealed that the 'wadiah' (safekeeping) concept of akad previously employed was not perfectly applicable due to TH's legal standing at the time. The relationship between TH and depositors more closely resembled that of a fund manager and investor, thus allowing zakat calculation based on business zakat principles.

Consequently, the Sharia Committee of TH determined that the zakat calculation method used during the period in question remains acceptable under Sharia. This decision was reached after a thorough review of all facts, documents, and TH's operational realities, adhering to established Fiqh principles. The committee also considered the principle of 'raf' al-haraj,' which aims to alleviate hardship and validate existing societal transactions.

Furthermore, the Mufti noted that operational issues have since been resolved. TH has refined its akad structure since 2019, adopting the 'wakalah' (agency) akad, which is more comprehensive and compliant with Sharia and legal requirements. He urged the public to respect the decisions made by Islamic institutions through their appointed experts and cautioned against oversimplifying complex Sharia matters, which could lead to public doubt about religious obligations.