AWQAF. POWERFUL SOCIO-ECONOMIC VEHICLES.
Transcription
AWQAF. POWERFUL SOCIO-ECONOMIC VEHICLES.
AWQAF. POWERFUL SOCIO-ECONOMIC VEHICLES. AWQAF. POWERFUL SOCIO-ECONOMIC VEHICLES. Awqaf are powerful socio-economic vehicles that, if efficiently managed utilising Islamic finance facilities, have the ability to eradicate poverty, establish socio-economic justice and achieve equitable distribution in a society. These Islamic endowment structures are utilised to fund real economic activities or financial investments and the returns from these are then used to achieve the societal welfare and social benefits. 16 October 2014 www.mifc.com 1 AWQAF. POWERFUL SOCIO-ECONOMIC VEHICLES. Waqf and Islamic Finance: Synergistic opportunities offer prospects to unlock new growth frontiers There has been a revival of interest in utilising awqaf1 or Islamic endowment structures by organisations across various jurisdictions. Awqaf institutions have historically been instrumental in providing various public services such as education, health and municipal services among others, leading to major economic and social contributions in the various territories of their establishment. Alongside, there has also been an increase in the involvement of the Islamic financial sector in awqaf organisations and assets. Awqaf organisations have notably utilised Islamic financing facilities to raise funding through, for example, issuing sukuk. In addition, Islamic financial institutions themselves have supported waqf activities by mobilising funds in support of awqaf institutions. The growing synergies between the two integral components of Islamic finance and economics enables an economically and socially rewarding partnership, which in turn has potentials to contribute significantly to the overall development of the Islamic finance industry. This insights report explores upon the current utilisation of waqf structures in various jurisdictions and analyses new possibilities for the Islamic finance industry to support the growth and development of this organisational structure in global markets. Awqaf: “Regaining Stakeholders’ Interest” The use of waqf structures has historical precedence and dates back to over a thousand years when major socio-economic vehicles (including awqaf) were critical in driving various developmental projects in their respective areas of establishment. In Islamic history, awqaf have been instrumental in providing various public services to the masses including educational institutions, health care services, construction of places of worship and other related welfare services. One prime example of a waqf funded development which still stands today is the University of Al Azhar in Cairo which was founded in the year 972 (10th century). AlAzhar was financed by waqf revenue for nearly nine centuries until the Egyptian government took control of the awqaf in 1812. Awqaf can be utilised for any productive purposes in the society as long as they comply with the principles of Shariah. A waqf maybe structured on real underlying assets which have productive use (for e.g. office complexes, residential buildings) or may even be structured as a cash-waqf where financial assets are utilised to generate returns (e.g. investments in A waqf (plural awqaf) is the product of a voluntary endowment of assets to a trust, whose usufruct is earmarked for charitable purposes specified by the founder. The latter appoints a trustee over the waqf who is responsible for the implementation of stipulations inside the waqf deed. The trustee is compensated for the services rendered either from the earnings generated by the waqf or through a fixed remuneration package. 1 www.mifc.com 1 AWQAF. POWERFUL SOCIO-ECONOMIC VEHICLES. Islamic securities, sukuk) and achieve the waqf’s purposes. As such awqaf institutions critically achieve four major economic and social objectives: 1.� Generating growth: As awqaf are engaged in productive commercial activities such as real estate development and services, investments in financial assets or providing educational services, each waqf entity is engaged in generating economic activity which leads to the overall growth and improvements in the living standards of the society. The various stakeholders involved in the operations and transactions of the waqf institution also gain economic benefits through incomes earned in the process. 2.Income stream in perpetuity: Awqaf establishments are perpetual in nature which effectively assure a stream of income to the beneficiaries in perpetuity. This factor has substantial economic and social advantages as awqaf institutions invariably enable implementation of major long-term societal development and upliftment programmes. For instance, if a waqf is established with the purpose of eliminating proverty in the area or reducing illiteracy, the waqf being perpetual will continue to do so even for future generations in the area. 3.Social redistributive attributes: Awqaf critically have the potential to play a notable role in achieving income redistribution in an economy while creating employment opportunities. Particularly in the case of philanthropic waqf, endowments are usually formed by wealthy individuals and institutions who name their beneficiaries to be the needy segments of the society. As such, the adaptation of waqf in the Islamic financial system can help in the mitigation of hunger, poverty, misery, and other social weaknesses of the society. 4.Provision of public services: Awqaf are mainly established with diverse identified purposes that benefit the society as a whole. As such, in addition to the above benefits, awqaf effectively result in providing individuals in the society with various public services including, for example, provision of health care, education, clean water, recreational facilities and other welfare services. The end result is an overall improvement in the economic and social development of the society. Based on the above, awqaf are powerful socio-economic vehicles that, if efficiently managed, have the ability to eradicate poverty, establish socio-economic justice and achieve equitable distribution in a society. Notably, pledged assets in awqaf are utilised to fund real economic activities or financial investments and the returns from these are then used to achieve the societal welfare and social benefits. This factor fundamentally differentiates awqaf from the other mediums of Islamic social welfare such as Zakah and Sadaqah where welfare causes are achieved through transfer of earnings / income directly for consumption of the needy. As such, Awqaf are ideally suited to achieve progress over the very long-term since the permanent accumulation of waqf assets can lead to the formation of huge capital and assets bases that provide an ever increasing perpetual flow of revenues/usufructs to serve the identified social and welfare objectives. Promoting distributive justice and welfare is one of the fundamental focuses of Islamic economics. www.mifc.com 2 AWQAF. POWERFUL SOCIO-ECONOMIC VEHICLES. Basic Concept of Waqf Awqaf or Islamic endowments are unique charitable trusts that have permanence and continuity in their operations, enabling the beneficiaries to gain benefits for many years, generations, or even centuries. The founder of the waqf voluntarily endows the assets to the trust with the usufruct or profits from the assets earmarked for specified purposes. A trustee is appointed for the responsible implementation of stipulations inside the waqf deed and in exchange is compensated for the services rendered either from the earnings generated by the waqf or through a fixed remuneration package. The waqf then operates in perpetuity with permanence in the stipulations specified by the founder. Donator Waqf Institution Generate Revenue Beneficiaries Source: KFH Research There are three main types of waqf organisations: •Religious Waqf: This exists when property or land is endowed for the purpose of building a mosque or generating revenue that will be forwarded for the maintenance and operation of the mosque. •Philanthropic Waqf: This is a kind of waqf which aims to support society by contributing to the acquisition of the basic necessities of life, as well as to develop and encourage activities that would benefit the general welfare of the society. These may include: o Providing health care services o Building and maintaining educational facilities o Projects to sustain and protect the environment and its inhabitants o Construction of critical infrastructure such as roads, bridges and dams •Family Waqf: This is where the endower’s family is stipulated as the beneficiaries of the endowment. www.mifc.com 3 AWQAF. POWERFUL SOCIO-ECONOMIC VEHICLES. In recent years, there has been a revival of interest in establishing awqaf, spearheaded alongside the growing calls by many for implementing a holistic Islamic economic system across Muslim countries. Efforts and progresss have already been made in this regard as waqf authorities in several countries have embarked on reforms aimed at harnessing the economic and social potential through use of awqaf.The progress has not been limited in the Muslim countries as the likes of Singapore and India have also seen notable developments in the awqaf sector. The efforts have duly been supported by multilateral bodies such as the Islamic Development Bank which operates a waqf fund of its own. Snapshots into the Waqf Sector across Selected Countries in the Middle East and Asia Source: Various Newswire, KFH Research India: There are more than 490,000 registered awqaf properties in India. The size of land under awqaf is estimated at about 600,000 acres with a book value of INR60 bln (and a market value of close to INR1.2 tln or USD20 bln). Bangladesh: Estimates are that waqf properties in the country number 150,593 mostly in the capital Dhaka - but only 15,300 have been formally registered. United Arab Emirates: Awqaf and Minors Affairs Foundation (AMAF) registered AED114.6 mln in rental income from awqaf assets at the end of 2012. In addition, AMAF gained total revenue of AED78.4 mln from endowments. Malaysia: About 32,000 acres of land have been endowed to awqaf in the country. Johor and Kedah have the highest numbers of waqf pieces, 1,843 and 1,749 respectively out of the total 6,406. Singapore: There are 157 properties and 406, 910 square feet of land endowed as awqaf. Together there awqaf assets have been valued at SGD471 mln (USD375 mln) Indonesia: The total size of land endowed to registered awqaf in Indonesia is 1,400 square kilometres; it is presently valued at IDR590 tln (USD60 bln). The country’s cash awqaf have collected approximately IDR3.6 bln (USD370,000). *Valuation figures are based on the latest available statistics. Source: Various Newswire, KFH Research www.mifc.com 4 AWQAF. POWERFUL SOCIO-ECONOMIC VEHICLES. Alongside the surging interest in establish awqaf institutions, the global Islamic finance industry has also been presented with a new opportunity to tap into and serve the various financial needs of these waqf institutions. Awqaf have multiple financial requirements that are critical for their smooth functioning. Among the key financial needs include: (1) Development Finance; (2) Liquidity / Cash Funds; (3) Capital; (4) Asset Management / Trustee Services. 2 Liquidity / Cash Funds: 1 Development Finance: New funds needed to expand the volume of existing waqf transactions and activities. Also mobilisation of funds for Cash Waqfs Required to develop the underlying waqf assets (for example: land, buildings, commercial properties, etc) Financial Needs of Awqaf 3 4 Capital: Asset Management/ Trustee Services: To raise new longer-term capital required to kick off new waqf development projects To manage the waqf’s cash and asset resources in an efficient manner to generate returns Source: KFH Research Awqaf: “A New Growth Sector for Islamic Finance” The Awqaf sector offers tremendous opportunities for the global Islamic finance industry to expand its market share given the synergies between the two sectors. Not only Islamic finance offers ethical and sustainable financial products, the two sectors share the same underlying philosophies drawing from the guiding principles of Shariah. In addition, both systems place an emphasis on societal welfare. As such, over the past decade, the involvement of the Islamic financial sector in meeting the financial needs of waqf institutions has notably increased. www.mifc.com 5 AWQAF. POWERFUL SOCIO-ECONOMIC VEHICLES. Synergistic Opportunities between Awqaf and Islamic Finance Financial Needs of Awqaf Financial Needs of Awqaf Development Finance Banking Liquidity / Cash Funds Equity and Sukuk Long-term Capital Asset / Fund Management Asset Management / Brokerage Services Takaful Islamic finance can help fund the developmental financial needs of awqaf institutions through ethical and Shariah-compliant bank financing options, sukuk and waqf funds. Islamic banks and funds can tap into their ethical and Shariah conscious clientele and raise liquid funds for awqaf institutions. Islamic capital market can be ideal platform for awqaf to raise long-term capital through, for example, issuing equities, IPOs, Islamic REITs, etc. Islamic asset / fund managers are preferred to manage awqaf assets as they have expertise in providing Shariah-compliant solutions that suit the operational needs of awqaf. Source: KFH Research Funding the Development Financing needs of Waqf Awqaf institutions commonly hold assets in the form of real estate such as lands, buildings and other type of properties which require on-going development and maintenance expenditure. In this regard, waqf entities usually need to utilise financing facilities in order to fund this expenditure. Here, the Islamic finance industry is a natural sector to meet these financing needs given the synergies between the two and the need for Shariah-compliant financing in waqf institutions. The potential is tremendous as there are large areas of undeveloped land that have been pledged as awqaf. For example, the Department of Awqaf, Zakat and Haji (JAWHAR) recorded more than 11,511 hectares of registered 2 Source: Jabatan Wakaf, Zakat dan Haji – Statistics 2010; IKIM (2014) waqf lands in Malaysia alone and only 0.72% of this land was developed in 20102. This illustrates a massive pipeline of potential projects in need of financing, which Islamic financial institutions can tap into. The trend has already been established and awqaf over the years have utilised various Islamic financing mechanisms to meet their financing needs. Among one of the earliest and notable Islamic financing example in this category is the musharakah sukuk issued by Islamic Religious Council of Singapore whose proceeds were used for the development of two waqf properties, namely the Bencoolen Mosque Project (a service apartment block, a four-storey commercial complex and a mosque) and the 11 Beach Road Project (a six-storey office building). www.mifc.com 6 AWQAF. POWERFUL SOCIO-ECONOMIC VEHICLES. Meeting the Liquidity and Cash Needs of Waqf This form of financing is critical mainly for cash awqaf which rely on mobilising funds to expand on investment activities and generate returns in order to serve its prescribed purposes. The opportunities for Islamic financial institutions in these types of awqaf are mainly in the form of collecting and maintaining waqf contributions as deposits. For instance, in Indonesia, the legislation governing cash awqaf stipulates that fund mobilisation must be implemented through identified Islamic financial institutions. As a result, resurgence in cash awqaf structures is likely to lead to an increased demand for Islamic banking and other related Shariah-compliant services from waqf institutions. Islamic Banks Cash Waqf Deposit Account In Malaysia, a local Islamic bank introduced waqf based deposit accounts in 2010 as part of its Islamic estate planning solutions. The product has been made available to both retail and institutional customers whose contributions are professionally managed with returns directed toward the development of waqf assets and the community outreach programs initiated by Yayasan Waqaf Malaysia (YWM). The collection of funds is carried out through online and offline banking means, and all transaction fees are borne by the Islamic bank in question. Deposit Waqf Model Source: KFH Research Depositors Bank Capital Charity Projects Cash Waqf Account Investment Earnings www.mifc.com 7 AWQAF. POWERFUL SOCIO-ECONOMIC VEHICLES. Prospects to Raise Capital for New Waqf Developments Waqf entities have also set precedence by tapping into the Islamic equity market to raise public funds as longer-term sources of capital to meet their various developmental expenditures. This form of financing is represented by cash waqf certificates which are bought by individuals or corporate entities and are subsequently endowed to a waqf trustee for management. The returns generated through the Shariah compliant investment activities using the raised cash is directed towards the stated beneficiaries of the waqf. Such collection of direct waqf contributions has been made use of, among others, by the state Islamic councils in Malaysia. Shares to Fund New Waqf Developments In 2006, Yayasan Dakwah Islamiah Malaysia (YADIM), or the Islamic Dawah Foundation Malaysia issued 14 million units of waqf shares or certificates which were bought by interested individuals for MYR1 each. The proceeds were raised to fund the construction of a new training centre, whose cost had been estimated at about MYR14mln. Subsequently, the purchased shares were endowed in their entirety to the waqf, with YADIM acting as a trustee in charge of utilising the collected funds for the designated investment purpose. In such an arrangement, henceforth, the shareholders are not entitled to any financial return from their participating in the fund (known as the YADIM Training Centre Waqf Fund). Waqf Shares Model Source: KFH Research Contributors Beneficiaries Buy shares Religious Institution/ NGO (as Trustee) Individuals Corporations Receive Cash Waqf Certificate Collected Funds Beneficiaries Beneficiaries www.mifc.com 8 AWQAF. POWERFUL SOCIO-ECONOMIC VEHICLES. Providing Fund Management / Trustee Services to Awqaf By virtue of their operations as entities that operate in perpetuity and for the benefit of particular beneficiaries, it is essential for awqaf to be managed by trustees and professional asset managers. Considering the Islamic nature of awqaf funds, it is critical to avail the services of a Shariah-compliant investment manager / brokerage whose services would normally include portfolio construction, investment selection, trade execution, investment planning advice, and access to initial public offerings (IPOs). In particular, Islamic asset managers / fund managers who are skilled in investing and managing underlying assets to generate efficient returns, have tremendous opportunities to offer their services to various awqaf institutions that hold investable assets such as cash, incomegenerating properties, etc. Waqf Mutual Fund Model Source: KFH Research Contributor/ Investor Asset Management Company Investment Earnings Charity Projects Waqf Fund Mutual Fund Awqaf can also benefit by raising funds through the Islamic fund management industry. For instance, an ideal structure for awqaf involved in real estate and properties would be the Islamic real estate and investment trusts (i-REITs). The adoption of a REIT structure – that boasts the benefits of high yields, advantageous tax treatment, liquidity and diversification – would be a natural choice for property awqaf. The option of developing waqf assets through a REIT is presently being considered by MUIS which acts as a trustee for close to 200 properties in Singapore worth over USD250mln. www.mifc.com 9 AWQAF. POWERFUL SOCIO-ECONOMIC VEHICLES. Islamic Development Bank (IDB): Awqaf Properties Investment Fund (APIF) Established in February 2001, the Awqaf Properties Investment Fund (APIF) is a USD denominated trust fund managed by the IDB. APIF finances the development of waqf properties in IDB member and other countries (subject to set ceilings) to promote the use of waqf structures for social, economic and financial purposes. APIF’s capital base is made up of “A” certificates whose value presently totals USD76.4mln. Additional capital may be raised through syndication, co- financing or issuing of “B” certificates to participants. In addition, the IDB has assigned a USD100mln line of financing for APIF’s financing projects. To date, 58 commercial and residential projects have been granted financing amounting to USD1.0bln, in over 30 territories around the world. The Shariah-compliant financing modes include, among others, istisna, murabahah, ijarah and diminishing musharakah. The IDB as a fund managers receives 10% of the generated profits; up to 20% of net income may be transferred to the general reserve; the remaining 70-90% is paid out as dividends to shareholders. The shareholders of APIF currently consist of awqaf ministries and Islamic financial institutions. APIF Shareholders Participant Country Paid-up capital 1. Islamic Development Bank Saudi Arabia USD29.5mln 2. Organisation of Islamic Countries Saudi Arabia USD15.5mln 3. Ministry of Islamic Affairs, Awqaf and Dawah Saudi Arabia USD7.5mln 4. Kuwait Awqaf Public Foundation Kuwait USD5.0mln 5. Kuwait Finance House Kuwait USD5.0mln 6. Faisal Islamic Bank Egypt USD3.0mln 7. Iran Endowment Fund Iran USD2.9mln 8. Al Baraka Islamic Bank Bahrain USD1.0mln 9. Bahrain Islamic Bank Bahrain USD1.0mln 10. Shamil Bank of Bahrain Bahrain USD1.0mln 11. Islamic Tadamun Bank Sudan USD1.0mln 12. Jordan Islamic Bank Jordan USD1.0mln 13. Arab Islamic Bank Palestine USD1.0mln 14. Ministry of Awqaf and Islamic Affairs Jordan USD1.0mln 15. Amanah Raya Berhad Malaysia USD1.0mln Source: IDB Selected APIF Projects Project Location Contribution Makola Towers Sri Lanka USD10.0mln (out of USD19.5mln) Provision of food, shelter, clothing, education and healthcare to orphans Al-Magzoub Complex Sudan USD7.5mln (out of USD9.1mln) Creation of educational facilities for Islamic studies Islamic University of Chittagong Bangladesh USD4.0mln (out of USD5.5mln) Financial support for research activities and needy/ gifted students British Muslim Heritage Centre UK USD11.0mln (out of USD28.9mln) Conducting of seminars, lectures and educational programs Islamic Trust for Education and Culture - Elyas ar-Rumi Germany USD6.4mln (out of USD13.4mln) Conducting of educational and awareness programs Islamic Religious Community of Macedonia Macedonia USD7.0mln (out of USD13.3mln) Financial support of Islamic schools, mosques and their beneficiaries Source: IDB www.mifc.com 10 AWQAF. POWERFUL SOCIO-ECONOMIC VEHICLES. Waqf in the Takaful Industry Waqf has also been utilised in the Islamic insurance or takaful industry, although as a less frequently used structure. Under a waqf-based takaful model, individuals are allowed to channel their contributions into a waqf that is managed and invested on the basis of mudarabah by the takaful operator for the benefit of participating contributors who are beneficiaries of the waqf. Returns generated through investment of waqf assets are partially accumulated in the policyholders fund, from which disbursements are made upon the maturity of the takaful plan or if the insured event transpires. Alternatively, the policyholders may decide to divert their portion of monetary benefits to charitable projects. Waqf-based Takaful Model Source: KFH Research Operating Expenses Contributors Profit on investment Individuals Corporations Beneficiaries Participant Special Account Participant Account Prospects and Challenges Moving Forward Despite being prevalent as structures for centuries, awqaf have remained largely underutilised in the modern global Islamic economy. Two notable reasons that can be attributed to this underdevelopment are: Beneficiaries Beneficiaries Misconceptions that waqf is only for religious purposes and may not be utilised for other productive activities. Misconceptions that waqf can be established in real estate only and not be utilised for other types of real and financial assets. www.mifc.com 11 AWQAF. POWERFUL SOCIO-ECONOMIC VEHICLES. On the contrary, awqaf are powerful socioeconomic structures that have potentials to address many social deficiencies such as poverty, illiteracy, financial exclusion and inequality. Awqaf can utilise both real and financial assets and can be established to serve any productive purposes that comply with Shariah and provide economic and social benefits to the society. Several jurisdictions are witnessing an increased interest in setting up of awqaf institutions given the multi-pronged usefulness of these institutions to the growth and development of the economy. Nonetheless, there are some critical challenges which the awqaf sector needs to overcome in order to gain traction as a material segment of the modern Islamic economy. These challenges include: 1.Underdeveloped and unproductive assets: It is estimated that nearly 80% of waqf lands and properties are lying idle without generating any returns. One of the main reasons for this is due to locality, whereby a lot of waqf lands are located in rural areas. However, another critical reason for such underdevelopment is due to inavailability of sufficient capital to enable the developmental expenditure. 2..Governance: Governance is always an issue in structures where the founders are a different party compared to the managers of an entity. The issue is more prevalent in social organisations where the beneficiaries are a different party altogether. Awqaf institutions can substantially benefit by being entrusted to reliable trustees who can safeguard the interests of the beneficiaries. Meanwhile, the operational aspects can be delegated to professional management companies who can efficiently manage the day to day operational and strategic aspects of the institution. 3..Legislation: There is a lack of harmonised prudential standards and universal guidelines that may govern awqaf institutions. Critical regulatory aspects for awqaf include tax treatments, classification as separate legal entities and concern as perpetual entities. Following the recent successes of achieving industry standards in several Islamic finacial instruments, the industry stakeholders now need to address the requirements of alternative Shariah-compliant structures such as awqaf. The above challenges notably highlight the role which the Islamic financial sector can play to address some of these challenges and enable waqf institutions to expand. The Islamic finance ethical and sustainable offerings, which include economically viable financing mediums such as sukuk, funds and bank lending, can serve the gap that exists in the awqaf sector. The trend has already been established as many awqaf institutions across jurisdictions in the Middle East and Asia have utilised Islamic financing mechanisms to meet their financial needs. It is expected that improvements in legislations can further spear the growth and development of awqaf institutions and alongside this, Islamic financial institutions will have the opportunity to meet the various financial needs of these expanding institutions. Overall, awqaf and Islamic finance are integral components of the modern global Islamic economy and collectively, the synergies between them enable promising opportunities which can further unlock new growth frontiers in the global Islamic finance industry. www.mifc.com 12 AWQAF. POWERFUL SOCIO-ECONOMIC VEHICLES. Disclaimer The copyright and any other rights in the selection, coordination, arrangement and enhancement of the information in this publication are owned by Bank Negara Malaysia. No part of this publication may be modified, reproduced, published or transmitted without prior permission in writing from Bank Negara Malaysia and the relevant copyright owner. 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