A Sukuk Is An Islamic Financial Certificate
A Sukuk Is An Islamic Financial Certificate
A Sukuk Is An Islamic Financial Certificate
TOPIC
definition
“Sukuk” is an Arabic word and plural of “sakk”, which means
“cheque” in Persian or script of property ownership.
AAOIFI, have defined Sukuk as: "The certificate with equal
nominal value after underwriting operation, confirms the
payment of forenamed nominal sum in certificate by purchaser to
publisher and their holder will become owner of one or more
assets, the profit of assets or beneficiary of a project or a specific
investments activity
:
Sukuk are structured in several different ways..
(Sukuk Al Musharaka)
These sukuk holders are also the owners of the originator issuing
the sukuk and participate in the decision-making. These sukuk can
be traded in the secondary market. . ◦ Musharakah involves
establishing a partnership or company to provide financing
with the participants sharing in the profits in relationship to
the size of their investment share. ◦ Notes can be issued on
the basis of such financing and both Sudan and Iran have
launched such securities. ◦ In practice, these have been very
similar to mudarabah certificates rather than being a distinct
asset class.
(Sukuk Al Istithmar).
The most commonly used sukuk structures replicate the cash
flows of conventional bonds. Such structures are listed on
exchanges, commonly the Luxembourg Stock Exchange and
London Stock Exchange in Europe, and made tradable through
conventional organisations like Euroclear or Clearstream. A key
technique to achieve capital protection without amounting to a
loan is a binding promise to repurchase certain assets; e.g. in the
case of Sukuk Al Ijara, by the issuer. In the meantime a rent is
being paid, which is often benchmarked to an interest rate (LIBOR
is the most common though its use is criticized by some Sharia
Scholars.
Sukuk adhere to an Islamic view of finance, avoiding Riba
(generating money from money, i.e. interest or usury), bonds are
securities that are very Riba due to the fact that they have a fixed
interest.
Istisnaá Sukuk .
Sukuk al Ijarah
These are "essentially" rental or lease contracts, or conventional
lease-revenue bonds. With these sukuk, the borrower's tangible
asset is 'sold' to the financier and then 'leased' back to the
borrowers. The borrowers then make regular payments back to
the financiers from the income stream generated by the asset.
The sukuk are based on the underlying tangible assets that
the SPV has acquired rather than being debt securities,
which is the case with the issuance of conventional bonds. ◦
Instead, the sukuk al-ijarah structure uses the leasing
contract as the basis for the returns paid to investors, who
are the beneficial owners of the underlying asset and as
such benefit from the lease rentals as well as sharing in the
risk.
. Sukuk al-Ijarah ◦ The structure commences with a
party who is in need of financing, here referred to as
the originator. ◦ The originator will establish an SPV, a
separate legal entity with the sole purpose of
facilitating this transaction. ◦ Next, the SPV purchases
certain tangible assets from the originator at an agreed
pre-determined purchase price, which will be equal to
the principal amount of the sukuk.
Sukuk al-Mudarabah.
Sukuk al Mudarabah is structured through the
mudarabah contract, with one party looking for
Shari’ah compliant financing, the originator. ◦ The
originator will establish the SPV and enter into a
mudarabah contract with this SPV. ◦ Both the originator
and the SPV will be partners to the Mudarabah
contract. ◦ The originator will act as the managing
partner, the entrepreneur of the mudarabah venture.
. Sukuk al-Mudarabah ◦ As the mudarib, the managing
partner will contribute his labor, skills, and expertise. ◦
The SPV will act as the silent partner, the rabbul mal of
the mudarabah venture. ◦ As the rabbulmal, the SPV
contributes in the form of financial investment.
These sukuk are not common because their payments to investors
represent debt and are therefore not tradable or negotiable
according to sharia. (If diluted with other non-murahaha sukuk in
a mixed portfolio they may be traded)
Sukuk ul murabaha
Murabahah receivables cannot fetch any return and their
assignment has to be at face value. ◦ Murabahah sukuk are
more likely to be used in respect of purchases of goods by
the public sector. ◦ In case the government needs items of
huge price, it may purchase them through credit sale by
paying in installments. Sukuk al Murabahah ◦ The
government will issue certificates according to the number of
installments. ◦ Each certificate having maturity date would
represent property right of the seller that can change hands
provided amount of the claim does not change. ◦ The seller
or the original certificate holder can transfer his collection
rights to another party against payment that would be equal
to the face value of the certificate minus collection cost at the
transferee’s end.
There are several benefits in sukuk.
According to some authorities, sukuk is considered as a
bridge between money market and capital market. Major
advantages of sukuk are as the followings:
Asset ownership
Investment criteria
The end