TEMPO.CO, Jakarta - The government's stance on the management of the tithe paid by Muslims known as zakat is truly astonishing. Although the Constitutional Court ruled the state could not manage all matters related to zakat, a seemingly monopolistic government regulation was still issued. This narrow-mindedness can be seen in Government Regulation No. 14/2014 on Zakat, which was issued in the middle of February.
The regulation states that the National Council of Zakat Collectors (Baznas) has the authority to collect zakat from the zakat management units in state-owned companies. This regulation seemingly gives Baznas the legal right to seize zakat funds from the management units, which have functioned perfectly for years without having to do the bidding of Baznas. In fact they have collected more funds than Baznas.
The government's uncompromising stance is also reflected in the limitations on the establishment of zakat collecting bodies, as regulated in Article 62. Private zakat collecting bodies that operate on a national scale, such as Dompet Dhufa, the Nahdlatul Ulama and Muhammadiyah organizations, are only allowed to establish one branch office in each province. If we accept this rule, we will look like fools who do not see the reality on the ground.
The fact is that for many years these groups have had many representatives. Many people prefer to trust these private bodies more than government organizations. They are professional and do not act like Santa Claus, handing out money and then leaving. Many of these bodies channel funds from the faithful into productive activities: zakat funds turn into free schools and hospitals or cheap credit for the poor.
The enforcement, once again, of the zakat rules shows that the state has no vision about zakat management. The government's reason for banning private zakat managers, that there are a large number of illegal bodies, is not logical. The government's job is to educate, not to stop good programs that are already operational.
The government's determination to manage all aspects of zakat management was obvious from the time Law No. 23/2011 on Zakat was passed. This law states that all zakat affairs must be managed by government-owned zakat collectors, namely Baznas and mass organizations. This rule immediately triggered protests. Nine zakat-collecting organizations and 11 individuals challenged the regulation at the Constitutional Court, and in November 2013 the court found in their favor. According to the judges, the article banning people from becoming zakat managers had the potential to prevent citizens from exercising their right to pay zakat. This ban was seen as wrong in a sociological sense.
Unfortunately, this ruling failed to crush the ambition of establishing a state zakat monopoly. This was shown by the government issuing a regulation limiting the freedom of private zakat-collecting organizations. If this regulation is allowed to stand, the consequences could be serious. The management of zakat could become chaotic. This is important because zakat funding, which according to the Asian Development Bank could potentially be worth Rp217 trillion, could be used to help eradicate and address the problem of poverty. So far, zakat-collecting bodies have only collected Rp3 trillion.
There is no need for the state to fuss over zakat matters. Government zakat-collecting bodies should function as regulators and monitors of zakat, similar to the work of the Financial Services Authority, which does not manage public funds. It is the public banks that should hold such funds. A mistake has been made. Baznas has become the regulator, watchdog and collector of zakat. Courage must be found to amend the zakat law and government regulation. (*)
