preview

Case Study Of Sukuk Defaults

Decent Essays

Methodology used in this report is explanatory research case study and qualitative research method where data regarding the sukuk defaults and shariah issues in Sukuk Asset-Based and Sukuk Asset-Backed are being collected. From these data collection, the development of theory can be focused through an approach of case studies and this method can relate to the growing issues of sukuk defaults. (Eisenhardt, 1989; Yin, 1994). An explanatory method is used among other qualitative approaches in conducting a research because it can prove the real default cases that happened in Sukuk through the reasons behind it. Besides, it also can give more meaning to this research report. Qualitative method is easier method to be used because data regarding …show more content…

The Federal Lands Commissioner (the originator) sells an identified number of lands for the amount of USD600 million to the SPV. Only beneficiary title transferred to the SPV during the sale process. It is an asset-based sukuk structure when only the beneficial ownership was transferred . Critical Shari’ah issues in Asset-Based Sukuk arised, namely, there are restrictions on sukuk-holders with regards to asset disposal, sukuk-holders have no interest in the underlying asset(s), and sukuk-holders have no due diligence on the asset(s). Shariah issues in the Asset-Based Sukuk have been considered as (Salman,2013) : 1. No legal right to sell the asset to the Sukuk holders: As mentioned before, since the underlying asset has not been the interest of the Sukuk holders therefore they do not hold the right to sell the asset as they are not provided with the legal ownership authority. Therefore in the case of default, the transaction will be with gharar and the fairness of shariah principle will not prevail. This is because Sukuk represents the undivided ownership in the asset which is not in actually embedded the asset cannot be recourse. So in such kind of Sukuk arrangements will not be the investor’s interest. (Hidayat, 2013) 2. Incongruity between legal and Shariah …show more content…

Wa’ad which is the promise to repurchase the underlying asset at par in substance is a guarantee of principal without the actual performance. The Wa’ad is totally acceptable Islamic financial instrument if used by its own but status from Amanah based will change to debt security when comingled with other credit enhancements. Whether in the case of the venture is beneficial or not, the borrower (originator) has to pay that this situation can create an injustice. AAOIFI also state in its Sukuk standard that there shouldn’t be any axiom that depicts the stipulation of bounding the originator to repay at par or he must pay predetermined and an uninterrupted return erstwhile than negligence is proven. (Hidayat,

Get Access