Class Lecture (Final)
Islamic Financial System (Fin-5402)
Sukuk-Islamic Bond
Sukuk
commonly refers to the Islamic equivalent of bonds. However, as opposed to
conventional bonds, which merely confer ownership of a debt, Sukuk grants the
investor a share of an asset, along with the commensurate cash flows and risk.
As such, Sukuk securities adhere to Islamic laws sometimes referred to as
Shari’ah principles, which prohibit the charging or payment of interest.
How Sukuk (Islamic Bonds) Differ from
Conventional Bonds
Modern sukuk emerged to fill a gap in the global
capital market. Islamic investors want to balance their equity portfolios with
bond-like products. Because sukuk are asset-based securities — not debt
instruments — they fit the bill. In other words, sukuk represent ownership in a
tangible asset, usufruct of an asset, service, project, business, or joint
venture.
Each sukuk has a face value (based on the value of the
underlying asset), and the investor may pay that amount or (as with a
conventional bond) buy it at a premium or discount.
Ensuring
sharia compliance with sukuk
The key characteristic of sukuk — the fact that they
grant partial ownership in the underlying asset — is considered
sharia-compliant. This ruling means that Islamic investors have the right to
receive a share of profits from the sukuk’s underlying asset.
Putting
bonds and sukuk side-by-side
When you have the basics about how conventional bonds
and sukuk work, it’s time to put them next to each other. This table offers a
quick look at the key ways in which these investment products compare.
Distinguishing
Sukuk from Conventional Bonds
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Conventional Bonds
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Sukuk
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Asset
ownership
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Bonds
don’t give the investor a share of ownership in the asset, project, business,
or joint venture they support. They’re a debt obligation from the issuer to
the bond holder.
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Sukuk
give the investor partial ownership in the asset on which the sukuk are
based.
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Investment
criteria
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Generally,
bonds can be used to finance any asset, project, business, or joint venture
that complies with local legislation.
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The
asset on which sukuk are based must be sharia-compliant.
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Issue
unit
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Each
bond represents a share of debt.
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Each
sukuk represents a share of the underlying asset.
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Issue
price
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The
face value of a bond price is based on the issuer’s credit worthiness
(including its rating).
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The
face value of sukuk is based on the market value of the underlying asset.
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Investment
rewards and risks
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Bond
holders receive regularly scheduled (and often fixed rate) interest payments
for the life of the bond, and their principal is guaranteed to be returned at
the bond’s maturity date.
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Sukuk
holders receive a share of profits from the underlying asset (and accept a
share of any loss incurred).
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Effects
of costs
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Bond
holders generally aren’t affected by costs related to the asset, project,
business, or joint venture they support. The performance of the underlying
asset doesn’t affect investor rewards.
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Sukuk
holders are affected by costs related to the underlying asset. Higher costs
may translate to lower investor profits and vice versa.
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Types
of Sukuk: 6 types
Sukuk
al mudaraba (sukuk based on equity partnership)
In simple mudaraba contracts, investors are considered to
be silent partners (rab al
mal), and the party who
utilizes the funds is the working partner (mudarib). The profit from the investment
activity is shared between both parties based on an initial agreement.
The same type of contract applies to sukuk. In a mudaraba sukuk, the sukuk holders are the silent
partners, who don’t participate in the management of the underlying asset,
business, or project. The working partner is the sukuk obligator.
The sukuk obligator, as the working partner, is
generally entitled to a fee and/or share of the profit, which is spelled out in
the initial contract with investors.
Sukuk al murabaha (cost plus or deferred payment sukuk)
A murabaha contract is an agreement between a buyer and seller for the delivery of an asset; the price includes the cost of the asset plus an agreed-upon profit margin for the seller. The buyer can pay the price on the spot or establish deferred payment terms (paying either in installments or in one future lump sum payment).
With sukuk that are based on the murabaha contract, the SPV can use the investors’ capital to purchase an asset and sell it to the obligator on a cost-plus-profit-margin basis. The obligator (the buyer) makes deferred payments to the investors (the sellers). This setup is a fixed-income type of sukuk, and the SPV facilitates the transaction between the sukuk holders and the obligator.
The murabaha contract process begins with the obligator (who needs an asset but can’t pay for it right now) signing an agreement with the SPV to purchase the asset on a deferred-payment schedule. This agreement describes the cost-plus margin and deferred payments.
Special
purpose vehicle (SPV)
Sukuk
al-salam (deferred delivery purchase sukuk)
In a salam contract, an asset is delivered to a
buyer on a future date in exchange for full advance spot payment to the seller.
Sharia allows only salam and istisna contracts to be used to support advanced
payment for a good to be delivered in the future. This same mechanism is used
for structuring the salam sukuk.
In salam
sukuk, the sukuk holders’
(investors’) funds are used to purchase assets from an obligator in the future.
The SPV provides the money to the obligator. This contract requires an agent
(which may be a separate underwriter) who will sell the future assets because
the investors want money in return for their investment — not the assets
themselves.
The proceeds from the sale (typically the cost of the
assets plus a profit) are returned to the sukuk holders. Salam sukuk are used
to support a company’s short-term liquidity requirements.
Sukuk al-ijara (lease-based sukuk)
The ijara contract is essentially a rental or
lease contract: It establishes the right to use an asset for a fee. The basic
idea of ijara sukuk is that the sukuk holders (investors)
are the owners of the asset and are entitled to receive a return when that
asset is leased.
In this scenario, the SPV receives the sukuk proceeds
from the investors; in return, each investor gets a portion of ownership in the
asset to be leased. The SPV buys the title of the asset from the same company
that is going to lease the asset. In turn, the company pays a rental fee to the
SPV.
The ijara contract process begins when a company that
needs an asset but can’t afford to purchase it outright contracts with an SPV,
which agrees to purchase the asset and rent it to the company for a fixed
period of time.
The musharaka contract supports a joint venture
business activity in which all partners contribute capital, labor, and
expertise. The profit and losses are shared among all parties based on
agreed-upon ratios.
With musharaka
sukuk, the sukuk holders
(investors) are the owners of the joint venture, asset, or business activity
and therefore have the right to share its profits. In a musharaka sukuk, unlike
sukuk based on mudaraba, a committee of investor representatives participates
in the decision-making process. Musharaka sukuk can be traded in the secondary
market.
The musharaka sukuk process begins when an obligator
signs a musharaka contract with the SPV that specifies a profit-sharing ratio
and indicates that the obligator will transfer assets (such as cash and
property) to the joint venture.
Sukuk
al istisna (Islamic project bond)
Istisna is
a contract between a buyer and a manufacturer in which the manufacturer agrees
to complete a construction project by a future date. The contract requires a
fixed price and product specifications that both parties agree to. If the end
product doesn’t meet contract specifications, the buyer can withdraw from the contract.
Istisna sukuk are based on this type of contract. The sukuk holders
are the buyers of the project, and the obligator is the manufacturer. The
obligator agrees to manufacture the project in the future and deliver it to the
buyer, who (based on a separate ijara contract) will lease the asset to another
party for regular payments.
The process of issuing istisna sukuk begins when the
obligator (manufacturer or contractor) and the SPV sign an istisna contract.
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