PEMBIAYAAN MIKRO DARIPADA DANA ZAKAT DI MALAYSIA: FATWA DAN REALITI Oleh: Nurul Ilyana Muhd Adnan Department of Shariah, Faculty of Islamic Studies, Universiti Kebangsaan Malaysia Email: ilyana_adnan@ukm.edu.my Abstract Productive funds for micro business in the recent time are freely provided by Zakat Institutions in Malaysia. However, curently, The distribution of zakat through the method by Malaysian Zakat Institutions expands widely. Therefore, they suggest that the method will bw the current alternative way of zakat distribution namely productive funds for micro finance. The issue is whether fatwa on distribung zakat in form of productive funds has been resoluted? Moreover, how if the offered productive funds in form of micro finance is indicated un-free from usury? The results of primary data analysis show that distinctive opinions of ulama come up on discussion about distribution of zakat in form of micro financing. Several ulama issues fatwa that approves it but another rejects it. Thus, this research also suggests that the implementation of micro financing from zakat funds should refer to other zakat institutions in Islamic countries which previously practice and consider it to be role model for Malaysian Zakat Institution. Keywords: Micro finance, fatwa, reality 42 I. Introduction Zakat needs to be distributed to each group of the zakat recipients. If one group of the zakat recipients does not recently exist, for instance, al-riqab (slave), zakat should be distributed to the poor and the needy. Moreover, Abdul Aziz Muhammad (1993) suggested that the method of zakat distribution in Malaysia should be reviewed in order to creates really beneficial impact to the recipients of zakat. It relates to the purpose of zakat is to the develpoment of asnaf prosperity in the field of social, economy, sosial and spirituality. Prophet Muhammad peace be upon him (shorthened as Pbuh) seriously paid into consideration to the issue of poverty. He explained to his companions that zakat must be expensed for the poor and the needy. Therefore, Islamic scholars agree on the preference of the zakat distribution is to reduce the issue of poverty. In the economic field, one of the distribution methods of zakat is through productive zakat (Zahri Hamat, 2010). The method can be applied through facility of micro finance.
Thereby, the discussions on this article are divided into three sections. First, it discusses the methodology of the study in which consists of method of data collection and data analysis. Secondly, it will discuss the fatwa of Islamic scholars on micro finance of the zakat funds and its reality in Malaysia. Finally, the third part will discuss the research finding and conclussion.. II. Methodology of Data Collections and Data Analysis In order to obtain the informations on the fatwa, library study was conducted toward texts and documents of related fatwa. The whole texts and documents were acquired from credible website as well as publications from selected institutions. Whereas to get informatios about reality in Malaysia, three groups of experts were required for the respondents. They were the economics experts, fiqh (Islamic Jurisprudence) experts, Mereka ialah pakar ekonomi, pakar fiqh, Mufti and Malaysian Council on Fatwa and Zakat Institutions. Therefore, the interviews were the main technique of data collections frequently used. Interviews are the main technique for qualitative research (Lim, 2007:208). The whole primary informations were collected through the criteria of the sampling and prescribed research instrument The sampling for the interview was determined according to the method of purposive sampling. The obtained data from the interview were analyzed by using content analysis method. This method aimed to conduct analysis on the respondents views. All respondents views were classified into their own categories. Each respondents view would be named based on each particular category. When there were similar views in that category, only one view would be stated. III. Result and Discussion Fatwa on The Micro-finance from The Zakat Fund in Malaysia Microfinance from zakat fund was categorized as ijtihadi10 issue. It is related to the social change. Therefore, maslahah ammah (the public interests) are distinguised according to the society differences. This in in line with the nature of the Islamic law itself. The basic principle used by the fuqaha to determine this mechanism is maqasid shariah (the purposes of shariah). As micro-financing through zakat funds is beneficial for the local community, it can be implemented (Armiadi Musa Basyah, 2009). The distribution of zakat through micro-finance does not contradict with the concept of maslahah ammah (public interest) which is to be achieved and it will not class with induvidual maslahah (interest) of other mustahik zakat (zakat reciptients). The micro-finance capital granted will be restored by mustahiq (zakat recipient) to zakat institution to be re-distributed to other mustahik zakat (Muhammad Yasir Yusof, 2010). Micro-finance from zakat funds ia one of the alternartive ways to avoid from getting trapped to usury. The micro-finance will be implemented in form of qard al-hasan. According to Yusuf al- Qaradawi (2002), the micro-finance was justified due to the views of Abu Zahrah, Hasanin Khalaf dan Hasan Ab. Rahman. These three ulama (Islamic scholar) allow micro-finance without usury namely qard al-hasan. Abu Zahrah (1951) approved the use of zakat funds in form of micro-finance. This is due to loan recipient will repay the fund. In case of the loan recipients passed away, their debts will be settled by using the provision of asnaf gharimin ( group of persons who are burdened with debts). This issue was also discussed in the First Seminar of The Management of Zakah in Modern Muslim Society in 1985. In the seminar, Shawki Ismail Shahatah (1989) suggested that non-usury micro finance deserves to be given for those who are needy under certain prerequisites. For instance: emergency condition, natural disaster, health problems and high surgical costs. He also stated that non-usury micro finance must be developed and donated to those who are in bankruptcy and the micro-finanance must be shariah complience. Business assistance in form of loans from zakat fund is catorized as the case of ijtihadi. It is proven by the issue of two contradiction fatwa. Keputusan Jawatankuasa Fatwa Negeri Pulau Pinang 2009 (does not justify the loan from zakat funds: 43
The secretariat of scholarship needs to get certainty whether the statement of Y.B Dato Seri on 4 March 2000 was definitely aimed to cash zakat because the word zakat was not mentioned in his speech. There was no Religius Council in the states which have implemented a loan scheme from the source of zakat. Cash zakat itself cannot be given as loan because the granted fund of zakat is tamlik (ownership) not granted-loan for them. Instead, the decision of Malacca Fatwas Committee 2011 allowed: The business loan scheme by qard al-hasan (benovelent loan) daripada asnaf al-gharimin (zakat repicient from the group of debtor) can be opened to anyone without regard to the income of the applicant as long as the business is shariah compliance. However, due to the limited zakat funds, the zakat administrator must determine particular prerequisites in granting load based on the method of awlawiyyat (priority) to ensure that zakat funds are capable to be distributed fairlu to all eligible asnaf (people who are eligible to be zakat recient). Therefore, it is recommended that the scheme deserves only for the applicants who fulfill the following prerequisites: a) The Applicants who wish beginning a business only, Pemohon yang hendak memulakan perniagaan sahaja. b) The Applicants is not eligible to get finance from Islamic Financial Insttutions. Keputusan Jawatankuasa Perunding Hukum Syara (Fatwa) Negeri Selangor 1998 juga membenarkannya: The Selongor Fatwa Consultative Committee had discussed the above matters thoroughly and in accordance with the basic norms and deciced as follows: Selangor State Syara (Fatwa) Consultant Committee Meeting held on 23 March 1998 decided to agree and accept the renewal of the capital distribution through the concept of repayment of half capital allocation provisions in Poor/Needy and Muallaf (people who converted into Islam) Trust Funds The texts of fatwa stated above shows differences The differences between the three fatwas can be seen in table 1.1 below: Tabel 1.1 The Differences and Similarity between Fatwa on Micro Finance from Zakat Funds in Malaysia 44
Based on the fatwa of Penang Islands shows that the scheme of study or study loan cannot be taken from the source of zakat. This is included any type of loan, especially capital loan. Their argumentation is that zakat is the asnaf (zakat recipient group) ownership right (tamlik). Thus, the fund cannot be applied as a loan. According to the fawa of Malacca, a business loan aid scheme can be given to eligible asnaf (people who have rights to receive zakat) namely asnaf who fulfills the determined requirements above. The loan can be given in the form of qard al-hasan. The sources of funds can be taken from the right of asnaf al-gharimin (zakat recipient group of debtor). This fatwa shows that Malacca are widely opened in interpreting the way of zakat distribution than Penang. They argue those way possibly because enormous poor and needy people in Malacca who are interested in begining business but they cannot afford funds for capital. The Selangor Fatwa Committee also takes a more open minded regards to the way of zakat distribution. They have agreed to accept renewal in the implementation of zakat distribution. Renewal is the concept of repayment of half capital allocation taken from Poor/Needy and Muallaf (people who convert to Islam) Trust Funds. It means that eligible asnaf will be granted loans. Then, they will repay the capital/loan given in accordance with the agreement. The background of fatwa is because in Selangor, many asnaf are interested in running business. They not only need the initial capital, but also the circulated capital to enlarge their business. Based on table 1.2 above, it is clear that this method is permissible to be implemented though there is one existed fatwa that does not allow it. Therefore, this method can be potentially implemented. It refers to the preliminiary experience in Aceh. There are several justifying argumentation in making the laws on micro-finance from zakat funds in Aceh. However, They lead to the conical decision. The decision states that zakat funds can be distributed in form of microfinance for the poor interest. Reality in Malaysia Most Malaysian Islamic scholars agree that microfinance from zakat funds can be potentially applied. Table 1.2 below summarizes of their argumentations. Table 1.2 Islamic Scholars Views on The Reality of Micro-Finance In Malaysia Based on Table 1.2 above, it can be concluded that it is acceptable to apply this method in Malaysia. Syed Othman AlHabshi (2014) supported the implementation of micro finance from zakat funds. He said that this method can be adopted based on the views of Abu Zahrah, Yusuf 45
Al-Qaradawi, Khallaf and Hasan. It relates to the situation in Malaysia which requires the implementation of this method for poor interests. Furthermore, Abu Zahrah, Yusuf Al-Qaradawi, Khallaf and Hasan justify it. Malaysia has a great potential to implement the zakat fund distribution program in the form of micro financing. Mahmood Zuhdi Abd. Majid (2013) thought that Malaysia can refer to its implemetation in Aceh as a model. This is because this method is new in Malaysia. However, the proposer of this method would face obstacle to implement this method. The obstacle may arise in form of the contra opinion toward the fatwa It means there will be a fatwa which does not allow the method and there is a fatwa that allows this distribution method to be implemented. It appears possibility that such a distribution method would be criticized by many scholars, especially the conservative scholars. To implement the method,, it should be in line with local conditions. Therefore, the proposers must be prepared to face and overcome the encountered obstacles. Hopefully, to be encountered. However, he expected that it would not be a heindrance to implement the method. This opinion is also supported by Mohd Mohadis Yasin (2014). He argued that despite this new methods, it can still be re-considered as it involves community maslahah (public interest). Furthermore, there is no text in Quran sunnah that prevents this method of distribution. According to Jasmi Rasaf and Mohd Hairul Amin Mohd Sis, the Malacca Zakat Center has implemented this method. Malacca Zakat Center allocates RM5000 as an initial capital for beginning business. The program is successfull. He also said that the Malacca Fatwas Committee has issued a fatwa which allows zakat funds to be provided in the form of microfinance to eligible asnaf for running business. Therefore, the Islamic Religious Council of each state plays an important role in determining how this method can be implemented throughout Malaysia. It is by reason that this method can assist low-income people and for those who need. It is prior to be a initial business capital for those who want to venture into the business field. In Shamsiah Mohamad s (2013) view, there is no legal aspect that hinders microfinance from this zakat fund in Malaysia. It regards to the necessity of granting microfinance not in contrast with Maqasid Shariah (the purpose of shari ah) in organizing zakat. Furthermore, it liberates the asnaf from life difficulty and support them to be to independent in economy. Later, the zakat recipient hopefully can be zakat payer. This is absolutly beyond the maqasid (purpose) of zakat. Moreover, this microfinance program does not deny the right of zakat recipient as it will be repay later. Luqman Abdullah (2014) added that Malaysia has the potential chance to implement this method. However, he said the State Fatwa Committee must socializeit adequately to the people. The explanation shold also be given to the person in charge to manage zakat in order to avoid any abuse. According to him again, fatwa is one of the accepted legal sources in the Islamic legal system. The Committee plays an important role in determining and defining religious systems which are closely related to society. The Fatwa Committee cannot be static and strict, but it must be dynamic and expanding as well as capable of solving current issues of the society. Hence, among the most credible religious institutions in the administrative structure of Malaysia is the Mufti Institution. In Malaysian context, the role of fatwa is very significant in raising the Moslems awareness and reponsibility toward Islamic law, especially zakat. IV. Conclution The distribution of zakat needs to evolve according to the needs and socio-economic changes of the society. This is important to ensure that zakat deserves constantly to overcome the increasingly challenging social and economic problems of Moslems. Caliph Umar al-khattab, during his reign, provided a non-interest-loan scheme by using state treasury funds. This loan scheme is to assist gharimin (debtors) who need cash money. 46
The State Islamic Religious Council and the Fatwa Committee should represent their role in updating in intepreting the law in Quran based on current and local interests as well as accomodating the need for the ummah (community). The need is to provide benefits to the people and keep them away from difficulties. In another word, the contemporary fuqaha should look forward to the maqasid (purpose) of the compulsory of the zakat itself, in accordance with what Ibn Qayyim al-jauzi (1975) mentioned that the changing and distinguishing among fatwas according to their varying in place, time, society conditions, intentiona and custom. Therefore, it is recommended that zakat institutions in Malaysia is capable of implementing the microfinance scheme from zakat funds. References Abdul Aziz Muhammad. 1993. Zakat and Rural Development in Malaysia (Tesis Ijazah Doktor Falsafah). Universiti Malaya. Abu Zahrah. (1997). Usul al-fiqh. Dimashq: Dar Al-Fikr. Ibnu Qayyim Al-Jauzi. (1975). Zad al-ma ad fi hadyi khair al-ibad. Beirut: Muassasah Al- Risalah. Shawki Ismail Shihatah. (2000). Limitation on the use of zakah funds in financing the socioeconomic infrastructure od society. Management Of Zakat In Modern Muslim Society. I. A. Imtiazi. Riyadh: IDB:IRTI. Temubual dengan dengan Syed Othman AlHabshi pada 2 Februari 2014, melalui emel. Temubual dengan Mahmood Zuhdi Abd. Majid pada 29 Mei 2013 di Jabatan Fiqh Wal Usul Fiqh, Universiti Islam Antarabangsa Malaysia. Temubual dengan Mohd Mohadis Yasin pada 16 April 2014 di Pusat Zakat Melaka. Temubual dengan Shamsiah Mohamad pada 11 November 2013 melalui emel. Temubual dengan Luqman Abdullah pada 24 Mac 2014 di Jabatan Fiqh dan Usul, Akademi Pengajian Islam, Univ. Malaya. Yusuf al-qaradhawi. 2002. Fiqh al-zakat. Beirut. Muassasah al-risalah Zahri Hamat. 2010. Kelestarian Pengagihan Dana Zakat Di Baitul Mal Aceh dalam kertas kerja di International Seminar Economic Regional Development, Law and Governance in Malaysia and Indonesia. AnjuranUniversiti Utara Malaysia dan Universiti Islam Riau, Pekan Baru, Indonesia. 47