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FIN 6620 – AS-
SHARI’AH, ECONOMICS AND
         SOCIETY
    Br Mustafa Omar
Article Review

 Financing Socio-Economic
Development with Zakat Funds
    ( Mohammad Anwar)
Group members:

 Ella Ermayasari

 Nur Aisyah Yacob

 Siti Azrai Binti Ahmad Akil

 Abdul Muqeet Khan
Agenda:
 Introduction
 Summary
 Significance of study
 Analysis
 Comparison of AZIF Mechanism with Other Zakat
  Financing Mechanisms
     Anwar (1995) proposed AZIF model
     Shihata (1985) proposed model
     Hassan (2010) proposed model
     The Practical Model: The Practice of Kuwait Zakat House
 Zakat Funds Contribution towards Socio-Economic
  Development
 Challenges
 Conclusion
Brief Introduction:

 Underdevelopment of Muslim countries

 Need for proper institution of Zakat

 Establishment of Awqaf-Zakat Investment Fund (AZIF)
Summary:


A proposed mechanism for utilizing the Zakat funds
  into long term investment for the sake of socio-
               economic development.
The Shariah compatibility, Modus operandi, potential
  problems and Socio-economic advantages are
                     discussed.
Proposed mechanism:
 First- Collection of Zakat funds
 Second-
   Establishment as: Awqaf-Zakat Investment Fund
   Registration as Waqf institution and
   Operation as profit seeking corporate venture
 Third- Zakat funds used for purchasing the shares
 Fourth- distribution to various beneficiaries for money
 Fifth- Exchange of shares for commodities and cash
Flow of Zakat Funds
Shariah compatibility:
 Is it permissible to channel zakat funds
  into investment projects?
 Can the proposed institution be formed
  as a waqf but managed as a
  corporation?
 Is distribution of shares compatible with
  the Shari’ah, and does it upheld the
  principle of tamlik?
 Is it possible to follow the Shari’ah
  preference for distributing zakat locally?
 Is it possible to use AZIF shares in lieu of
  cash for buying commodities?
 Is it feasible to redeem AZIF shares at or
  above their face value?
Modus operandi & organizational
strategy
 Investment fund taken as a autonomous body governed by High
  level trustee council, Shariah scholars and professionals
 Rules        regarding     funding,    investment,     administrative
  expenses, inspections and accounting and auditing controls
 In case of solvency, losses guaranteed by government callable
  bonds
 No interest bearing investments
 Investments in agriculture, low cost housing, food, clothing, medical
  facilities and education.
 Financing        public     ventures     on       the    basis      of
  Mudarabah,              musharakah,          istisna,        sharikah
  mutaniqisah, murabahah.
Significance of study: Anwar (1995)
 An     innovative       financial   institution    like    AZIF   entails
  empowerment, productivity and socioeconomic development;
 The proposed AZIF to rightfully utilize or invest zakat funds in
  productive ventures for contribution towards socioeconomic
  development;
 To function through integration of collaborative efforts of fund
  donors,       collection     and      distribution      agencies,  retail
  outlets, government and other involving parties in gathering
  scattered endowments to create a common institutional fund to
  maximize its utilization;
 To function in increased credibility ensuring mass participation and
  productive resource building of millions of poor or average Muslims
  in the spirit of Islamic charity and socioeconomic development;
 Also proposed as a trusted establishment of financial institution
  , Waqf and corporation, in compatibility with Shari’ah
  Law, mechanism of which fulfils condition of tamlik
Analysis (1): Zakat, Zakat funds and poverty Alleviation:
Zakat as stipulated by a Qur’anic injunction is a determined portion
taken from wealth including assets and allocated to those deserving
it.
  “Of their goods (wealth), take alms, that so thou mightest purify and
    sanctify them; and pray on their behalf. Verily thy prayers are a
    source of security for them: And Allah is One Who heareth and
          knoweth.” (Surah Al-Taubah, Chapter 9, Verse: 103)

Zakat as obligatory charity tax , an act of Ibadah, a form of social
investment

Zakat funds can replace government budgetary expenditures and be
utilized for developmental and social expenditures.
Analysis (2): Need for an innovative approaches to
finance developments:
 various wealth re-distribution and poverty eradication efforts have
  been made but they lack implementation (Ahmed, 2004;
  Supardi, 2005; Laila, 2010)

 institution of microfinance developed to create access to funds for
  the poor have yet to prove its credit for poverty alleviation Laila
  (2010)

 Hassan & Khan (2007) proposed zakat funds to be used in the
  government’s Poverty Reduction Strategy Papers (PRSPs)

 Anwar (1995) urged the need to develop the zakat institution
Analysis (3): Shari’ah compatibility of investing
     zakat Funds:

 Anwar (1995) - AZIF Shari’ah compatibility:
(i) Satisfies tamlik (personal ownership of zakat
      fund) by the poor and needy as shareholders of
      commercial products by virtue of their shares;
(ii) Guarantees against loss, or cover from built-up
      loss reserve account;
(iii) Allows zakah disbursement immediacy to satisfy
      pressing consumption needs of the poor and
      needy through arrangement with retail outlets to
      accept the certificates and cash at a price not
      less than face value
Analysis (4): Financing Developments with
(Investing) Zakat funds:

             Anwar (1995); Khan, (1990) for Pakistan and Hassan and
              Khan (2007) for Bangladesh:

            “Zakat funds should not remain idle in depositories / bank
             accounts, but if collected and managed properly, could
             be used to create a pull of funds for development
             financing and replace government expenditures “


                     Khan (1990): June 30, 1989, an idle bank balance of Rs
                      4.387 billion were found idle in the current account with
                      State Bank of Pakistan without any earnings
                     Hassan and Khan (2007): In developing country as
                      Bangladesh, foreign aid from donors contributes a
                      significant portion of the development budget - Zakat as
                      ready effective substitute so to reduce debt burden
Comparison of AZIF with other
Zakat Financing Mechanism
 Anwar (1995) proposed
  AZIF model

 Shihata (1985) proposed
  model

 Hassan (2010) proposed
  model

 The practical model :
  Kuwait Zakat House
Shihata (1985) proposed model
 Model for contemporary use of Zakat funds such as
  education, vocational training, rehabilitation facilities, low cost
  housing

 Zakat revenues can be used in specific lawful mudarabah
  projects, with the zakat foundation acting as the owner of the
  capital, zakat beneficiaries acting as partners by contributing their
  skills. The profits generated be distributed between them on the
  basis of a pre-agreed upon ratio prior to commencement of the
  work.

 Loans provided to able bodied who can pay back and generate new
  source of income

 Low cost houses on the basis of rent financing to the poor
 Benevolent loans
Hassan (2010) proposed model
 New model in consistent
  with the model proposed by
  Anwar (1995)
 Integration of Zakat and
  Waqf with collaboration of
  micro finance institutions.
 Model viable in long run
  resulting from lower default
  rates
 Poverty      alleviation     by
  positive, preventive and
  corrective measures.
 Anti poverty programmes:
  indirect and direct strategies.
The practical model : The practice
     of Kuwait Zakat House
 Zakat funds kept in two types of accounts with the
  bank, current and saving accounts. Its earning on
  saving accounts increases the original fund deposited
  with the bank.

 It provides free interest loan to people in need of
  money and secure its repayment by way of
  installments.

 It finances the vocational training for capacity building
  of people capable of becoming productive citizens
  (under a scheme called productive rehabilitation
  scheme).

 It sponsors poor students’ education by offering them
  interest-free loans.
Zakat Funds Contribution towards
Socio-Economic Development
 Zakat funds by AZIF fulfils condition of tamlik: Zakat funds
  transformed into long-term investment AZIF shares allow recipients
  to obtain full control of their shares ownership. Dividends declared
  by AZIF give flexibility in cashing shares and entitlement to periodic
  income
 Some society members i.e. mustahaqqin (eligible) for receiving
  zakat can conveniently meet basic human needs
 Advantage for those handicapped in receiving shares, instead of
  cash, to manage their investments even if physically disabled
 Income of those unable to work and earn, be supplemented by
  transfers in cash and kind and provided with sufficient resources to
  relieve hardships
 Wider public participation in the stock market, especially for those
  keen in zakat related projects – a catalytic force for development of
  primary and secondary markets in Muslim countries.
Challenges:
 AZIF; if implemented on the basis of
  mudarabah or musharakah, must observe
  the serious consequences resulting from the
  risk of profit and loss sharing (PLS) nature of
  the contracts

 Absence of financier’s intervention in
  entrepreneur’s activities, dishonesty, “trick or
  trade”      of     entrepreneurs,         moral
  hazards, inadequate record keeping

 Misinterpretations and misconduct against
  observing Islamic provisions, and lack of
  suitable primary and secondary markets

 Many awqaf properties poorly managed by
  incompetent mutawallis (managers)
Challenges:
 AZIF      participatory or collaborative
  aim, restricted to Muslims as direct
  participants

 Setting    up    of     a    new        FI    –
  challenging, complex, costly

 Lack of institutional control – societal concern
  as to how their funds are utilized and the
  extent to which it benefits society

 Challenging participants’ buy-in
Conclusion:
         Anwar (1995) believed that the proposed AZIF model allows
for a viable proposition that may well accelerate the pace of
development in the Muslim countries. Nevertheless, a keen initiative
to set up a suitable financial institution that is well supported by every
member of the stakeholders within the societies calls for an early and
serious attention to make effect such a model. With the keen
faith, trust and collaboration of all those interested in the
socioeconomic development of Muslim countries, a model such as
AZIF will surely be ideal to eradicate the world’s most serious
problem of poverty. It is proposed that a model such as AZIF is developed
in a collaborative basis as it clearly and meticulously lay out a policy
framework and agenda for poverty reduction, social progress and
socioeconomic development.
The literature gaps in Anwar (1995) provide space for academic
explorations and mechanism innovations on the area of utilizing
zakat funds for socioeconomic developments.
References:
 Ahmed, Habib. (2004). Role of Zakah and Awqaf in Poverty Alleviation. Jeddah, Saudi Arabia: Islamic Development
  Bank, Islamic Research and Training Institute
 Al-Haitmi. Majma’ al-zawa’id, Vol. 3
 Al-Labban, Ibrahim. (n.d.). Ibn Hazm's (died 1064 C.E.) theory of the State's Duty towards the Poor. Finance in
  Islam. Retrieved from http://www.financeinislam.com/article/1_41/2/423
 Badawi, Zaki. (1996). A New Source of Development Finance Islamic Banker: News and Analysis of Islamic
  Banking. Finance and Insurance, 4, 18-19
 Bayhaqi. Sunan al-kubra, Vol. 4
 Hassan, M. K., & Khan, Juanyed M. (2007). Zakat, External Debt and Poverty Reduction Strategy in Bangladesh.
  Journal of Economic Cooperation, 28 (4), 1-38
 Hassan, M. K. (2010). “An Integrated Poverty Alleviation Model Combining Zakat, Awqaf and Micro-finance.” Paper
  presented in the Seventh International Conference on the Tawhidi Epistemology: Zakat and Waqf Economy.
  Bangi, 2010
 Khan, Muhammad Akram. (1990) “A Comparative Study on Zakat Systems – its Shari’ah Administrative and
  Financial Controls.” Paper presented in the Third International Zakat Conference. Kuala Lumpur, May 17, 1990
 Khan, Foyasal. (2010). Waqf: An Islamic Instrument of Poverty Alleviation – Bangladesh Perspective. Paper
  presented in the Seventh International Conference on the Tawhidi Epistemology: Zakat and Waqf Economy.
  Bangi, 2010
 Laila, Tanim. (n.d.). Innovations in Islamic Philanthropy and Monetization of Philanthropic Instruments: Micro-
  Funding of Micro-Finance.
 Laila, Tanim. (2010). “Islamic Microfinance for Alleviating Poverty and Sustaining Peace.” Paper presented in the
  World Universities Congress. Canakkale, Turkey, 20-24 October, 2010
 Mahmud, Mek Wok D. & Shah, Sikandar S. (2009). The Use of Zakat Revenue in Islamic Financing: Jurisprudential
  Debate and Practical Feasibility. Journal of Studies in Islam and the Middle East, 6 (1), Article 2
 Shihata, Ismail S. (1989). "Limitations on the Use of Zakat Funds in Financing the Socioeconomic Infrastructure of
  Society." In Management of Zakat in Modern: Muslim Society. Jeddah: Islamic Research and Training Institute, 57-
  73.
 Supardi. (2005). Zakat Organization and Poverty Alleviation. School of Graduate Studies, State Islamic University
  Sunan Kalijaga, Yogyakarta, Indonesia.
Thank you

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Article review as-shariah - Zakat final

  • 1. FIN 6620 – AS- SHARI’AH, ECONOMICS AND SOCIETY Br Mustafa Omar
  • 2. Article Review Financing Socio-Economic Development with Zakat Funds ( Mohammad Anwar)
  • 3. Group members:  Ella Ermayasari  Nur Aisyah Yacob  Siti Azrai Binti Ahmad Akil  Abdul Muqeet Khan
  • 4. Agenda:  Introduction  Summary  Significance of study  Analysis  Comparison of AZIF Mechanism with Other Zakat Financing Mechanisms  Anwar (1995) proposed AZIF model  Shihata (1985) proposed model  Hassan (2010) proposed model  The Practical Model: The Practice of Kuwait Zakat House  Zakat Funds Contribution towards Socio-Economic Development  Challenges  Conclusion
  • 5. Brief Introduction:  Underdevelopment of Muslim countries  Need for proper institution of Zakat  Establishment of Awqaf-Zakat Investment Fund (AZIF)
  • 6. Summary: A proposed mechanism for utilizing the Zakat funds into long term investment for the sake of socio- economic development. The Shariah compatibility, Modus operandi, potential problems and Socio-economic advantages are discussed.
  • 7. Proposed mechanism:  First- Collection of Zakat funds  Second-  Establishment as: Awqaf-Zakat Investment Fund  Registration as Waqf institution and  Operation as profit seeking corporate venture  Third- Zakat funds used for purchasing the shares  Fourth- distribution to various beneficiaries for money  Fifth- Exchange of shares for commodities and cash
  • 9. Shariah compatibility:  Is it permissible to channel zakat funds into investment projects?  Can the proposed institution be formed as a waqf but managed as a corporation?  Is distribution of shares compatible with the Shari’ah, and does it upheld the principle of tamlik?  Is it possible to follow the Shari’ah preference for distributing zakat locally?  Is it possible to use AZIF shares in lieu of cash for buying commodities?  Is it feasible to redeem AZIF shares at or above their face value?
  • 10. Modus operandi & organizational strategy  Investment fund taken as a autonomous body governed by High level trustee council, Shariah scholars and professionals  Rules regarding funding, investment, administrative expenses, inspections and accounting and auditing controls  In case of solvency, losses guaranteed by government callable bonds  No interest bearing investments  Investments in agriculture, low cost housing, food, clothing, medical facilities and education.  Financing public ventures on the basis of Mudarabah, musharakah, istisna, sharikah mutaniqisah, murabahah.
  • 11. Significance of study: Anwar (1995)  An innovative financial institution like AZIF entails empowerment, productivity and socioeconomic development;  The proposed AZIF to rightfully utilize or invest zakat funds in productive ventures for contribution towards socioeconomic development;  To function through integration of collaborative efforts of fund donors, collection and distribution agencies, retail outlets, government and other involving parties in gathering scattered endowments to create a common institutional fund to maximize its utilization;  To function in increased credibility ensuring mass participation and productive resource building of millions of poor or average Muslims in the spirit of Islamic charity and socioeconomic development;  Also proposed as a trusted establishment of financial institution , Waqf and corporation, in compatibility with Shari’ah Law, mechanism of which fulfils condition of tamlik
  • 12. Analysis (1): Zakat, Zakat funds and poverty Alleviation: Zakat as stipulated by a Qur’anic injunction is a determined portion taken from wealth including assets and allocated to those deserving it. “Of their goods (wealth), take alms, that so thou mightest purify and sanctify them; and pray on their behalf. Verily thy prayers are a source of security for them: And Allah is One Who heareth and knoweth.” (Surah Al-Taubah, Chapter 9, Verse: 103) Zakat as obligatory charity tax , an act of Ibadah, a form of social investment Zakat funds can replace government budgetary expenditures and be utilized for developmental and social expenditures.
  • 13. Analysis (2): Need for an innovative approaches to finance developments:  various wealth re-distribution and poverty eradication efforts have been made but they lack implementation (Ahmed, 2004; Supardi, 2005; Laila, 2010)  institution of microfinance developed to create access to funds for the poor have yet to prove its credit for poverty alleviation Laila (2010)  Hassan & Khan (2007) proposed zakat funds to be used in the government’s Poverty Reduction Strategy Papers (PRSPs)  Anwar (1995) urged the need to develop the zakat institution
  • 14. Analysis (3): Shari’ah compatibility of investing zakat Funds:  Anwar (1995) - AZIF Shari’ah compatibility: (i) Satisfies tamlik (personal ownership of zakat fund) by the poor and needy as shareholders of commercial products by virtue of their shares; (ii) Guarantees against loss, or cover from built-up loss reserve account; (iii) Allows zakah disbursement immediacy to satisfy pressing consumption needs of the poor and needy through arrangement with retail outlets to accept the certificates and cash at a price not less than face value
  • 15. Analysis (4): Financing Developments with (Investing) Zakat funds:  Anwar (1995); Khan, (1990) for Pakistan and Hassan and Khan (2007) for Bangladesh: “Zakat funds should not remain idle in depositories / bank accounts, but if collected and managed properly, could be used to create a pull of funds for development financing and replace government expenditures “ Khan (1990): June 30, 1989, an idle bank balance of Rs 4.387 billion were found idle in the current account with State Bank of Pakistan without any earnings Hassan and Khan (2007): In developing country as Bangladesh, foreign aid from donors contributes a significant portion of the development budget - Zakat as ready effective substitute so to reduce debt burden
  • 16. Comparison of AZIF with other Zakat Financing Mechanism  Anwar (1995) proposed AZIF model  Shihata (1985) proposed model  Hassan (2010) proposed model  The practical model : Kuwait Zakat House
  • 17. Shihata (1985) proposed model  Model for contemporary use of Zakat funds such as education, vocational training, rehabilitation facilities, low cost housing  Zakat revenues can be used in specific lawful mudarabah projects, with the zakat foundation acting as the owner of the capital, zakat beneficiaries acting as partners by contributing their skills. The profits generated be distributed between them on the basis of a pre-agreed upon ratio prior to commencement of the work.  Loans provided to able bodied who can pay back and generate new source of income  Low cost houses on the basis of rent financing to the poor  Benevolent loans
  • 18. Hassan (2010) proposed model  New model in consistent with the model proposed by Anwar (1995)  Integration of Zakat and Waqf with collaboration of micro finance institutions.  Model viable in long run resulting from lower default rates  Poverty alleviation by positive, preventive and corrective measures.  Anti poverty programmes: indirect and direct strategies.
  • 19. The practical model : The practice of Kuwait Zakat House  Zakat funds kept in two types of accounts with the bank, current and saving accounts. Its earning on saving accounts increases the original fund deposited with the bank.  It provides free interest loan to people in need of money and secure its repayment by way of installments.  It finances the vocational training for capacity building of people capable of becoming productive citizens (under a scheme called productive rehabilitation scheme).  It sponsors poor students’ education by offering them interest-free loans.
  • 20. Zakat Funds Contribution towards Socio-Economic Development  Zakat funds by AZIF fulfils condition of tamlik: Zakat funds transformed into long-term investment AZIF shares allow recipients to obtain full control of their shares ownership. Dividends declared by AZIF give flexibility in cashing shares and entitlement to periodic income  Some society members i.e. mustahaqqin (eligible) for receiving zakat can conveniently meet basic human needs  Advantage for those handicapped in receiving shares, instead of cash, to manage their investments even if physically disabled  Income of those unable to work and earn, be supplemented by transfers in cash and kind and provided with sufficient resources to relieve hardships  Wider public participation in the stock market, especially for those keen in zakat related projects – a catalytic force for development of primary and secondary markets in Muslim countries.
  • 21. Challenges:  AZIF; if implemented on the basis of mudarabah or musharakah, must observe the serious consequences resulting from the risk of profit and loss sharing (PLS) nature of the contracts  Absence of financier’s intervention in entrepreneur’s activities, dishonesty, “trick or trade” of entrepreneurs, moral hazards, inadequate record keeping  Misinterpretations and misconduct against observing Islamic provisions, and lack of suitable primary and secondary markets  Many awqaf properties poorly managed by incompetent mutawallis (managers)
  • 22. Challenges:  AZIF participatory or collaborative aim, restricted to Muslims as direct participants  Setting up of a new FI – challenging, complex, costly  Lack of institutional control – societal concern as to how their funds are utilized and the extent to which it benefits society  Challenging participants’ buy-in
  • 23. Conclusion: Anwar (1995) believed that the proposed AZIF model allows for a viable proposition that may well accelerate the pace of development in the Muslim countries. Nevertheless, a keen initiative to set up a suitable financial institution that is well supported by every member of the stakeholders within the societies calls for an early and serious attention to make effect such a model. With the keen faith, trust and collaboration of all those interested in the socioeconomic development of Muslim countries, a model such as AZIF will surely be ideal to eradicate the world’s most serious problem of poverty. It is proposed that a model such as AZIF is developed in a collaborative basis as it clearly and meticulously lay out a policy framework and agenda for poverty reduction, social progress and socioeconomic development. The literature gaps in Anwar (1995) provide space for academic explorations and mechanism innovations on the area of utilizing zakat funds for socioeconomic developments.
  • 24. References:  Ahmed, Habib. (2004). Role of Zakah and Awqaf in Poverty Alleviation. Jeddah, Saudi Arabia: Islamic Development Bank, Islamic Research and Training Institute  Al-Haitmi. Majma’ al-zawa’id, Vol. 3  Al-Labban, Ibrahim. (n.d.). Ibn Hazm's (died 1064 C.E.) theory of the State's Duty towards the Poor. Finance in Islam. Retrieved from http://www.financeinislam.com/article/1_41/2/423  Badawi, Zaki. (1996). A New Source of Development Finance Islamic Banker: News and Analysis of Islamic Banking. Finance and Insurance, 4, 18-19  Bayhaqi. Sunan al-kubra, Vol. 4  Hassan, M. K., & Khan, Juanyed M. (2007). Zakat, External Debt and Poverty Reduction Strategy in Bangladesh. Journal of Economic Cooperation, 28 (4), 1-38  Hassan, M. K. (2010). “An Integrated Poverty Alleviation Model Combining Zakat, Awqaf and Micro-finance.” Paper presented in the Seventh International Conference on the Tawhidi Epistemology: Zakat and Waqf Economy. Bangi, 2010  Khan, Muhammad Akram. (1990) “A Comparative Study on Zakat Systems – its Shari’ah Administrative and Financial Controls.” Paper presented in the Third International Zakat Conference. Kuala Lumpur, May 17, 1990  Khan, Foyasal. (2010). Waqf: An Islamic Instrument of Poverty Alleviation – Bangladesh Perspective. Paper presented in the Seventh International Conference on the Tawhidi Epistemology: Zakat and Waqf Economy. Bangi, 2010  Laila, Tanim. (n.d.). Innovations in Islamic Philanthropy and Monetization of Philanthropic Instruments: Micro- Funding of Micro-Finance.  Laila, Tanim. (2010). “Islamic Microfinance for Alleviating Poverty and Sustaining Peace.” Paper presented in the World Universities Congress. Canakkale, Turkey, 20-24 October, 2010  Mahmud, Mek Wok D. & Shah, Sikandar S. (2009). The Use of Zakat Revenue in Islamic Financing: Jurisprudential Debate and Practical Feasibility. Journal of Studies in Islam and the Middle East, 6 (1), Article 2  Shihata, Ismail S. (1989). "Limitations on the Use of Zakat Funds in Financing the Socioeconomic Infrastructure of Society." In Management of Zakat in Modern: Muslim Society. Jeddah: Islamic Research and Training Institute, 57- 73.  Supardi. (2005). Zakat Organization and Poverty Alleviation. School of Graduate Studies, State Islamic University Sunan Kalijaga, Yogyakarta, Indonesia.