Monday, August 24, 2009

Waqf, perpetual charity and poverty alleviation

AbulHasan M Sadeq 
International Journal of Social Economics 29,1/2 
http://www.emeraldinsight.com/0306-8293.htm


2 issues in waqf-
  • Creation of endowment
  • Administration
A waqf body can raise cash waqf to finance development activities on landed waqf properties such as commercial buildings to generate further income.
This income is used to further the primary purpose of the waqf.
Waqf institution to provide educational, medical facilities and infrastructure
Waqf as poverty alleviation tool

Waqf Management in Malaysia


Syed Othman al-Habshi
Administration of waqf lands in Malaysia-
  • Administrative set up of the relevant dept within each State’s Relgious Council requires drastic review in terms of size structure and personnel
  • No complete listing of waqf properties made
Observations
  • All Muslim cemeteries considered as waqf lands as then exempt from quit rent
  • Mosques, suraus and religious schools usually arise from specific wakaf – under Shafie cannot change the purpose of the lands
  • Waqf for specific purposes form the largest proportion of waqf lands, particularly for cemeteries
  • Concludes that therefore only 10% is available for income generating purposes
  • But not all wakaf land has been traced and transferred to the religious departments. Some still in original trustees hands eg mosque committees
  • Many of these rented out long term and below market rental
  • Many are under Rent Control
  • Most are in towns, a few in the rural areas
  • Lands transferred subject to quit rent except for cemeteries or if transferred to the President State Religious Dept thereby making it government property – therefore no incentive to transfer the lands – costs money for the religious dept to upkeep the wakaf lands
Development of wakaf properties
  • Not well developed. Mostly just rented out
  • Melaka and Penang have made some progress at developing wakaf lands. Also Perak and Terengganu
  • Many lands are uneconomical in size and shape and sporadically situated
Generally, shortage in personnel, funds and expertise

Waqf-Based Microfinance: Realizing the Social Role of Islamic Finance

Habib Ahmad
2007
Islamic Research and Training Institute.
Paper written for the Internations Seminar on Intergrating Awqaf in the Islamic Finacial Sector in Singapore March 6-7, 2007






Waqf based poverty focused microfinance institution
Sustainability and Operational issues of a waqf-based MFI-
  • Mitigating Credit Risk
  • Resolving Moral Hazard Problem
  • Economic viability
  • Operational and Risk Management issues
Financing of activities
  • From waqf funds (these can be used for qard)
  • From deposits (these can be used for qard and loans??)
Asses, Liability and Risk Management issues
  • Different reserves – takaful, profit equalization, capital reserves
  • Depositors and withdrawal risks
Maaging risks and returns – risk of decay of the endowment must be eliminated – choosing a proportion of low-risk assets in such a way that the returns on theses assets can cover the expected loss from microfinancing activities

Sustaining the Means of Sustainability: The Need for Accepting Wakaf (Waqf) Assets in Malaysian Property Market


Mohammad Tahir Sabit
Universiti Teknologi Malaysia
2007/2008
Present legal framework excludes wakaf lands from the land markets and access to credit market
·       Land registration
·       Title security
·       Trading
·       Marketability
·       Equal market value
·       Collateralization
Solutions for legal framework  - a uniform and comprehensive code of wakaf law and amendments to the various state legistations, NLC, Land Acquisition Act-
·       Wakaf as a body corporate capable of holding land
·       Classification of wakaf land as prime, secondary
·       Registration of wakaf lands as wakaf titles
·       Transferability of secondary wakaf lands
·       Leasing of prime wakaf lands
·       Wakaf lands cf leasehold titles – perpetuity?
·       Enforcement of long term leases of wakaf lands – wakaf leases
·       Suitability for collateralization
·       Recognition of these wakaf leases in terms of their value, transferability and collateralization
Valuation of various types of wakaf lands

Joint Venture Modes in the Development of Waqf Properties


Mohammad Tahir Sabit
2007/2008
Universiti Teknologi Malaysia
Financing of waqf lands development
·       Joint ventures – mudarabah or musharakah mutanaqisah
·       Issues of ownership of waqf land post development, as opposed to ownership of building
Legal impediments
·       Malaysia – non transferability of waqf lands under the respective State Islamic Administration Enactments
·       NLC – Torrens system – buildings on land recognized as part of land
Solutions
·       Setting up of a Waqf Holdings Corporation as a body corporate to carry out the transactions
Licence of land coupled with equity in building

Latest Development in the Western NonPRofit sector and the implications for Islamic waqf

by Murat Cizakca
2002


How awqaf became undermined – politics, State, colonization and Western influence
·       Suggestions: Legal -
·       Incorporation, limited liability, mutawalli as mudarib           
·       Public benefit criterion
·       Conditions for recognition
·       Capital
·       Registration
·       Tax treatment
·       Business activities
Looking into the current developments in the West and the growth of the non-profit sector

Saturday, August 22, 2009

The Non-profit Sector in a Changing Economy

Publication by the Organization for Economic Co-operation and Development
2003

Synthesis

NP sector -
39.5 million people in full time employment in NP sector (excluding traditional coops) in 35 countries accrding to Johns Hopkins Comparative Non-profit Sector Project,
it employs 3.6% of working age population, representing 7.3% of non-agricultural employment and 46% of public sector employment.
As a separate economy, it would be the 6th largest economy in the world after US, Japan, china, Germany and France (Salamon,2002).


Since sustainability is dependent on funding, many NPs have become more entrepreneurial, less dependent on public funding and experimenting in innovative ways to raise funds.

Most NPs operate at local level.  They contribute to local development by-
-defining new goods and services related to the specific needs of the local territory
-generating integration and creating jobs
-improving the atmospher and the attractiveness of the territory
-consolidating partnership and empowering local actors
-emphasising "the long run" and therefore consolidating sustainable projects (ECOTEC,2001)

There has been "competition" between NPs and the for profits.

"All the chapters in this book contend that the non-profit sector is now a recognised and legitimised component of the advanced economies of the OECD." (p14)

Part 1 of the book - key trends, and also mix of revenues have changed over the years (primarily gifts & grants, governmental funding and earned income) the latter has become chief source of NP revenue overall

Part 2 -  - how to finance the NP sector-

philanthropic investors - trust, risk and uncertainty - the idea that lies behind venture philanthropy is that enlightened investors will accept a lower financial return if the receiving organisation demonstrates that it can generate important social benefits.

Barriers to access to finance - provision of financial instruments to individuals who normally would not qualify - thru microcredit, comunity based financial institutions such as credit unions, cooperative banks

Part 3 - evaluation of the NP sector

Management lessons from Ottoman Leadership

Lecture by Professor Mustafa Ozel
4th July 2009 10.30am
Seri Pacific Hotel, Kuala Lumpur
Johor Corporation's Business JIhad Lecture Series


Western superiority comes out of organizational differences. These organizational factors are superior to the Muslims’. How did this come about?

Longetivity of an institution is rare, so that very few states or organizations can endure for more than 200 years. Historians have looked at civilizations. All in all, in the last 7000 years, only 40 of those survived more than 200 years. It is not lasting to be a lasting organization.

As for the present capitalist system, there are about 100 million companies in the world. In the US alone there are 7 million companies. In Paris, there is an association or a club called the “Hennokians” whose memberships is restricte to companies existing more than 200 years old, and there are only 40 companies that qualify.

What is the main principle of creating such considerable longetivity?

Ibn Khaldun studied this. Also Tsu Ma Chien, a Chinese historian. He says all organizations arise out of a basic principle. Each will have its own basic priciple. For example in the Sung dynasty, the principle was “justice”, but after awhile this principle became corrupt. All dynasties rise when the principle is pure and genuine and fell when it became corrupt. Tsu Ma Chien said that short term changes occurred every 30 years, medium changes every 100 years and long term changes every 300 years.

All historians will talk about degeneration of principles, so that when it is lost, the organization transforms and decays.

The question is, what was the guiding principle fot he Ottoman polity?

The Ottoman principle was set 200 years before the Ottoman empire even appeared on the world stages. It began with Ald Aslan (Brave Heart Lion) who forwarded this idea. He wanted to combine the Arab and Persian ideals and named his son Malik Shah. His priciple is that you can conquer a land on horseback but you cannot rule a land on horseback. He believed in assimilating both Arabic and Persian knowledge in order to rule. This was the basic principle of the Ottomans.

Compare this to the Japanese Tokugawa dynasty. After the final battle of Sakgehara which marked 300 years of peace for Japan, the shogun never got back on a horse.

There is also the japanese company Kongogumi established in 578AD. It was started by a Korean temple builder, and today all major Buddhist temples in Japan are built by this company. Their longetivity was not secured by gloodline, but thru principles. In his will, Kongogumi declared that after him, if there is a son that can carry out the principle, then let him carry on. But if not, to give him a salary, but offer the best manager his family name, and if he accepts, he is to be given the company. This company has lasted 1400 year.

The idea is to take good people and let them administer. In the Ottoman empire, no Turks had ruled. It was the non-Turks that ruled the empire.

Prof Ozel developed a 4 stage model based on the historical evidence. He believes that most organizations go thru these stages. All stages are associated with a crisis. It was always thought that the strong is the one that survives, but actually it is the one that is most adaptable that will survive. Since all entities will face crisis, so long as it can adapt, it will survive.

Stage 1 crisis – “leadership”
This does not mean the CEO ro the boss, but it is an attitude or a way of thinking or acting and becoming a role model for the rest. There are 3 substages-
a. Transformational Thinking – this is often done by an individual. It indicates
a. Knowing the world (eg in todays terms, knowing capitalism) – concept of capitalism today does not equate to free markets. Every capitalist is a lover of monopoly. It is concentrated political power against the masses and it is free capital looking for the highest profits supported by state power
b. Knowing your world (so in Islam, it means the Muslim world) – the Islamic economy concentrates on the Medina model. In order to understand it, must study the Jahiliyah economy. They were very sophisticated traders. Hashim the grandfather of the prophet had created the mudarabha concept (see verse al-Quraish) there were joint stock companies which invested into caravans. The Prophet when he migrated to Medina found 4 main communites there (Pagans, Jeews, Christians and Islamic). He asked them all to bring 100 articles of values from each community, and found 52 commonalities. This later became the constitution of Medina. He also visited the markets of medina and decided they cannot be the markets for the Muslims. So he established a separate market for Muslim in an area he rented from a Jewish family, which flourished. After a while the Jewish leader was unhappy, so the Prophet decided to move to a piece of flat land . He established 3 main principles for the market ie a Muslim economy.
i. That is should be built on flat place – in modern terms, there should be no informational asymmetry, and must be transparent
ii. Not capturing any particular place in the market and say it is your property. So no monopolistic tendencies. Governemnt authority should not allow “rentier” approach to the economy. It should not give any advantages to any particular group. This is also achieved by the waqaf institution. Every city is a market. The community depends on each other. In order to enter the market, there are 2 institutions, the hammam (public bath) and the big mosque (jamid kabir). So the idea is that you must be physically and spiritually purified to enter the market. Your should trade within the market only;
iii. Price formation – can only be set by Allah. So no party or power can know the just price. Only Allah knows
In this circumstances when there is minimal price fixing or information asymmetries and no captured market, it is an Islamic market whether is is run by Eskimoes or Russians.

b. Organizational Thinking – you cannot expect 1 person to keep on doing the thinking. So the innovativeness must become an organizational quality. Only 1 thing prevents this from happening – the ego of the leader. Most times when you have an innovative leader, you tend not to listen or seek counsel from others. But in the sacred texts there are many examples where the prophets sought counsel eg Moses and David. In this way you can make individual transformational thinking into organizational thinking.

c. Strategic Thinking – in the face of competition, 2/3rds of organizations fail. They cannot transform because they prefer their comfort zone. But for those who manage to transform so far, they will need a long term sustainable advantage. You would make plans with your rivals in mind.


Stage 2 crisis – “autonomy”

There are many talented people in an organization. But often the organization will go astray and become pyramidic where all the power is concentrated in the top. So the different people at the bottom feel they cannot prove their talents and become dissatisfies. They either leave and they compete with you, or they remain within and continue their opposition to you. Either way it is not in your favour. In a nutshell, power must be shared, if this is done successfully you will grow and also go thru the next crisis.

Stage 3 crisis – “control”

The nature of man is that with success comes dissapointment. People must be trained with rational empowerment. There must be a rational hierarchy empowerment

Stage 4 cirisi – “renewal”

In the last 200 years in Turkety they are experiencing a crisis of renewal. The rational bureaucracy turns into irrational bureaucracy. It becomes a self seeking entity instead of putting the interests of the organization first. In this stage, they do not allow the right questions to be asked. The wrong question is usually “how can we make the organization stronger” . the right question is “how can we make the people stronger”?

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Tuesday, August 4, 2009

The Non Profit Economy

by Burton A. Weisbrod

Chap 1- 4 themes of the book - (1) informational inequalities (2)diverse demands (3)sources of revenue and the nature of its outputs (4) the nonprofit sector of the economy is interdependent with the goernmental and for-profit sectors.

Issues in the role of nonprofits in the mixed economy - 2 categories - (1)what kinds of activities should nonprofits engage in? (2) how should nonprofits be financed.

Activities - potential justification for nonprofits - due to failure of private markets (due to external effects or informational assymetries) or of government, or because of great diversity of consumer demands for collective action.
Financing - should they be permitted to engage in profitable activities to subsideze their unprofitable, collective type activities? if so, what limits should be imposed, in recognition of the effects of their profit seeking on the private economy?
if not, are we willing to accept a reduced level of activity in the non profit activity?
shoudl nonprofits be restricted to the activities for which they have been tax-exempt status, and restricted even further to financing only tru donations?

Different types of nonprofits - clubs (benefit members only), trust type, collective type nonprofits, for-profit in disguise (not true nonprofit)
3 key characterstics of nonprofits - (1)no one owns the right to share in any profit or surplus of a nonprofit (2) nonprofits are exempt from taxes on corporate income (3) some nonprofits reeive a variety of other subsidies - donations to them are tax deductible and they are exempt from many other forms of taxation in addition to the tax on corporate profits.

Chap 2 – Options among Institutional Forms.
3 major forms of institutions available to any society – proprietary, governmental and nonprofit.
Proprietary – efficiency in meeting consumer demands at minimum costs is main strength. Respond to wants and needs only if accompanies by money demand. Market failures caused by informational asymmetry, or when there is demand for collective-type goods affecting parties other then the seller and the buyer eg defense
Governmental – more incentive to respond to the demands of the political process. Finance through taxes. Effective in meeting collective demand.
Nonprofit sector- attractive in meeting heterogenous demands from minorities who are willing to pay for high levels of services. Their rationale has 2 components - (1)provision of collective goods (2) when consumer demands are heterogenous ie diverse. Nonprofits have better access to diverse, localized information, thereby overcoming some of the problems of over- and underutilization. Ie they can meet collective demands in situation of governmental “failures”.
Meeting diverse collective demands - findings that greater homogeneity in society leads to a larger role for government, greater satisfaction of collective demand and smaller role for non profit eg in Japan. Conversely in the US, a country of diversity, the nonprofit sector is sizable.
In US tax deductibility is used to encourage donations. In the UK, there is no tax deductability for charitable donations.
Which form to choose? This depends on (1) which is more efficient? This depends on the type of output. For well informed consumers, the proprietary institution is more efficient. For limited consumer information, the nonprofit or governmental is better. And also depends on (2) considerations of equity (3)cost per unit output – different forms is more cost efficient in a different quality range. Note that costs increase with quality output (4) quality of output required
The advantages and disadvantages of every form of institution are crucially related to informational problems.
So the Big Question is – how to reward behavior that contributes to public good?
Chap 3 – Incentives and Performance
Information is critical. Without it we cannot reward people or organizations that do what society wants or punish those who do the opposite.
Quote, pg43-44-
‘In short, the success or failure of any type of institution lies in its ability to obtain information on product quality and consumer demand and in its incentive to convey to consumers information on the extent to which its product meets that demand – that is, to use the information in socially desirable ways. For-profit, governmental, and nonprofit institutions differ both in their ability to obtain information on social wants and demands and in their incentives to act on it. As a result, each has a distinct niche to fill in an economic system. Institutional pluralism is vital.’
When society is using a particular form of institution to provide output, it is implicitly rewarding certain types of behavior.
Chapter 4 – Anatomy of the Voluntary Nonprofit Sector
3 principle categories – 1 private and 2 public types. These are
1.Proprietary / commercial eg trade association, clubs, associations
2. collective – external benefits to those that do not help finance the nonprofit eg museum
3.trust – combination of private goods and consumer protection eg nursing homes.
Taxes – (1)tax exempt and (2)donations which are tax deductible
Also, in the US the tax laws determine which organizations are classified as nonprofits and therefore tax exempt:-
a. Definition under US tax laws as organizations that are “organized for charitable or mutual benefit purposes”.
b. There are more than 2 dozen major classes of organizations included. See sect 501(c) for all the classes.

Why are some allowed tax-deductible status? – the tax deductibility amounts to a subsidy – these are given on the assumption that public encouragement is needed because otherwise there would be too little of these type of services provided – so they fit into categories, presumably, or providers of collective services or trust services. They help to meet the demands of persons who are unsatisfied by the level or quality of governmental provision of such services. – so public subsidies ought to reflect public benefits
The Collectiveness Index – a spectrum from purely private to purely public. An organization that provides purely collective goods, ie virtually all of the benefits from which accrued to persons who did not pay for them – should receive the highest measure of collectiveness. – these most justify public subsidies since they would receive little or no revenues either from sales or membership dues; if they received any revenue at all it would be in the form of contributions, gifts or grants (CGG).
So the collectiveness index is an indicator of the extent to which the organization provides external social benefits.
Thus, all nonprofits should not be lumped into one Nonprofit sector when their collectiveness index range between 1 – 97%
Chapter 5 – Charitable Donations

Policy choices on how to finance the nonprofit sector are not independent from decisions about the level and kinds of activities to be undertaken.
Source of financing is primarily from donations.
Table from page 90

Type of Organization Outputs Source of financing
For profit Private goods Sales revenue
Governmental Collective goods Taxes
Nonprofit Collective/trust goods Donations

Ability to solicit donations are dependent on several factors:-
1. Govt decision to give subsidies and the form of the subsidies
2. Limits on amount of its funds used for fundraising
3. Regulations and other policy measures

Also, donations are affected by
1 . tax rates
2. deductability of donations
4. fraction of organization’s revenues used for fundraising or administration
5. the organization’s age – seems to be a proxy for its trustworthiness

What drives the nonprofit organization in terms of fundraising?
They are not seeking to maximize profits, but one theory proposed and widely accepted is that they wwant to generate as large a total budget as possible. “This hypothesis is consistent with our evidence that each of the seven classes of nonprofits spent on fund raising up to the point at which the marginal contribution to gross organizational revenue is zero.” (p 101)

Chapter 6 – Revenue from Sales
p11
“Jerald Schiff and I hypothesized that nonprofits pursue the goal of maximizing their output of a “charitable” service, subject to the necessity of at least breaking even financially. We see the nonprofit organization as a potential provider of two kinds of goods or services – charitable and “private”; the organization’s managers and directors prefer t produce the charitable good, which is financed by private donations and by governmental support, but they may resort to selling private output to “cross-subsidize” their charitable activities. This model of behavior, to the extent it is correct, implies that private businesses do,indeed, have reason to fear that reductions in governmental support prompt nonprofits to extend their activities into markets for private goods.”
Q- whether nonprofits should be restricted, taxed , or even prohibited from competing with the proprietary sector – this question is becoming a policy issue.

So taxation policies and questions –
a. nonprofits are granted exempt status for broad purposes such as education or community development
b. how should the organization’s costs be allocated between it exempt and non exempt activities?

Society’s unwritten but de facto policy seems to point to the fact that public-type goods are produced by organizations funded by donations, private-type goods by those funded by sales.

Is it unfair to the proprietaries to allow nonprofits to enter business?
Must look at 2 arenas-
Arena 1 – competition in the specific industry for which the nonprofit has been given exempt status – this should not be controversial. The legislative process indicated that the govt determines that the nonprofit form is socially preferred on grounds either of efficiency or of equity, but non profits would not exist to an appropriate degree without subsidization – ie govt is deemed to have knowledge that leads to maximization of “social welfare”.

Arena 2 – competition in the market for unrelated outputs – questions of costs and revenues
Chapter 7 – Volunteer Labour
Value of donated time is tremendous. See p 132 for figures.
Chapter 8 - Are nonprofits really different?
If nonprofit is to perform a useful role,they must provide outputs that cannot be provided profitably by private enterprise.
Consumers who are well informed should be indifferent about the institutional form of a seller. All that should count is how satisfied the consumer would be with a particular seller’s output and its price. When consumers are underinformed relative to producers, however, they may turn to nonprofit organizations.

Chapter 9 – Recommendations for Public Policy
Nonprofit is - a component of a mixed economy AND It is consists of a vast array of institutional hybrids (many forms of institutions that combine elements of private enterprise and government).
IRS under present law is the principal regulatory body for nonprofits – thru tax-exempt and nonprofit status and also classified as tax deductible. But IRS has no power to limit entry into the sector.
So public policy should be directed towards 3 issues-
Kinds of outputs that they should/should not produce
Methods used to generate funds
Administrative mechanism or institutions
Goal for the proposals- (1)) to insulate nonprofits from pressures to deviate from their social role they can and should play in a modern and mixed economy and (2) to help move the economy to a better balance of institutional responsibilities among private enterprises, governments and nonprofits.
Proposals-
1.Nonprofits should be encouraged to provide collective goods, and not otherwise.
2.Non profits should be far more restricted from engaging in “unrelated business activities” that lie outside the range of their tax-exempt activities, and the scope of exempt purposes should be defined in more limited ways.
3. Interlocking control of nonprofits and proprietary firms should be abolished.
4. Tax deductibility should be dropped as the primary public encouragement for contributions – there are disadvantages .
5.To offset the effects of eliminating deductibility, tax credits should be adopted for contributions to approved nonprofits.
6. Special postal subsidies for nonprofits should be abolished and replaced by broader, less restrictive subsidies.
7. The IRS should be replaced as the principal regulator of the nonprofit sector – establishement of a new agency?
8. A comprehensive statistical program should be developed to provide data about the nonprofit sector – its size, composition, outputs, fund-raising activities, and interactions with the private market economy.