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,
A rule making body issues authorative shari’a auditing standards for all Islamic banks and other Islamic businesses and it will be the most effective way to eliminate problems within the Islamic economy. The most effort to develop a body of consistent standards for shari’a audits has been undertaken by
Seller has clear and marketable title to the equipment being sold except as may be noted elsewhere in this Agreement, is duly authorized and empowered to convey said assets, and will deliver the Assets free and clear of any and all accrued liabilities.
In practice, this means if a grantor grants a security interest over land alone, this security interest is not registrable (or will not be perfected by registration) on the PPS Register (PPSR), but this does not affect the state and territory based Torrens title system of registration, for example, the registration of a mortgage of land.
The Corporate irrevocably starts to buy at a pre-agreed price the Musyarakah shares of the SPV with semi-annual basis and at the end of the fixed period the SPV would not have any shares anymore in the
Which such a transfer might be made are unclear the case for market values, even if they exist, is significantly weaker. This is particularly the case for liabilities arising from
“The Effect of new AAOIFI standards on Sukuk in choosing the most authentic Islamic principles” based on the title itself wanted to show how the changes of the new AAOIFI standard effecting industry players of Sukuk not to stress on Sukuk matters.
Similar to the conventional securities, Sukuk can be rated on a sovereign and corporate basis. The rating analyst or the rating agency will mainly focus on the credit rating of the instrument and any expected default or losses, the agency will give high priority to the legal, the structure and the underlying assets of the Sukuk.
In this case study on investment-linked takaful, there are some shariah issues. The following are some but not limited Shariah issues at the conception of the contract, the fund management and at the level of distribution of profit.
And due to that, Ingress Sukuk Berhad (ISB) was act as a Special Purpose Vehicle (SPV) to govern the whole operation related to the ijarah sukuk. The ijarah sukuk issued by ICB commencing in July 2004 and expected to be mature at July 2011, a 7 years of ijarah sukuk maturity. But unfortunately, Ingress Sukuk Berhad (ISB) ijarah sukuk defaulted on 13th July 2009 due to few reasons. There were 9 well-known companies at that time were listed as the sukuk holders for this sukuk issuance of ISB which are CIMB Berhad, Maybank Berhad, Petronas Berhad, RHB Berhad, ING Berhad, MAA Berhad, KWAP, AFFIN Bank Berhad and HSBC Berhad. Figure 2 explained the ijarah sukuk structure applied by
To invest in Shariah-compliant listed equities to provide the capital growth over the medium to long term through the diversified, but growth-oriented portfolio.
With regard to sukuk development, the asset securitisation law in Indonesia is not in line with Shari’ah dictates, as the draft of the asset securitisation law clearly states that securitisation can only be structured through debt. Meanwhile, Malaysia, which is the most active Islamic capital market, has robust regulatory standards as framed by the Securities Commission
The pairing of Islamic Finance and crowdfunding could quite possibly evolve the current American Islamic mortgage product from that whose emphasis is almost solely focused on interest aversion into a product that embraces Islamic fundamentals. Such an Islamic finance vehicle, consistent with the sharing economy methodology, would conform with ALL
Qualitative research is the technique that is used as a part of exploratory research and to derive the independent variables. There are different methods through which we can conduct the qualitative research. As a part of this study we have adopted the following methods:
Under similar duress, there exists the risk of a severe dislocation of global financial markets; due to the failure of a parent bank for example. Such a disruption would lead an economic environment of increased risk aversion and stress, ultimately followed by bank deleveraging. In this environment the price of risk assets, such as equities and property, would decline inciting a further decrease in confidence and engaging in a spiral of negative feedback. As conditions worsened, the decrease in confidence would thus cause negative wealth effects and drop in both consumer and business spending. In order to prevent the occurrence of such adverse circumstances, officials should focus of the provision of liquidity through preexisting facilities.
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