Tabung Haji bonuses can be reclaimed if laws are broken, says Mufti

Funds acquired unlawfully must be returned, aligning with legal and Sharia principles, particularly when involving public trust, according to the Mufti of Penang, Datuk Dr. Mohd. Sukki Othman. He emphasized that the principle of trust in managing public funds necessitates such restitution.

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Funds obtained without right must be returned if proven to be obtained through illegal means according to law and Syariah in line with the principle of trust in the management of public funds.

However, the Mufti clarified that any claims for the return of hibah, or bonuses, from Lembaga Tabung Haji (TH) must undergo a formal legal process. He stressed that the recommendations from the Royal Commission of Inquiry (RCI) into TH are not definitive court rulings and do not automatically invalidate bonus payments or mandate their return.

Mohd. Sukki explained that bonus payments could be scrutinized if they were made without adhering to established procedures or if they exceeded the authority of the approving parties. "But recipients of the bonus still have the right to defend themselves by presenting evidence that the payment was made in accordance with regulations and was received in good faith," he told Mingguan Malaysia.

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But recipients of the bonus still have the right to defend themselves by presenting evidence that the payment was made in accordance with regulations and was received in good faith.

He further elaborated that Islamic principles of justice do not permit punishment based solely on allegations without robust evidence presented through due process. "Those who claim a payment is invalid must present evidence, while recipients have the right to provide explanations," he stated. If bonuses are proven to be illegally disbursed or in breach of fiduciary duty, their recovery aligns with Sharia principles, underscoring that the issue extends beyond mere financial recovery to encompass institutional integrity, corporate governance, and the trust of millions of depositors.

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Those who claim a payment is invalid must present evidence, while recipients have the right to provide explanations.