Beruflich Dokumente
Kultur Dokumente
Markets
Sigit S.Wibowo
1 Introduction
2 The Capital Market in an Islamic Framework
3 Securitization and Sukuk
MUI Fatwa
The salient features of the capital market comprises debt, equity and
the Sukuk markets
An equity market, commonly known as a stock market, is the trading
place for the stocks of joint stock companies
A debt market, which deals in debentures and bonds, normally involves
Riba and Gharar and, therefore, is not an active part of Islamic
…nancial markets, except for debts that can only be assigned to others
on a par value without transferring the risk of default
Key components of an Islamic capital market are Shar¯¬’ah-compliant
stocks, Islamic funds and Sukuk/Islamic investment certi…cates
An Islamic capital market can be developed by developing Sukuk,
introducing Islamic depository receipts (IDRs) at a mass level,
replacing debt …nancing with Shirkah-based indirect and direct
…nancing, securitization and fund management
SPVs are formed as separate legal entities for the speci…ed purpose of
managing the securities issues pool-based securitization
The legal structure of an SPV depends upon the regulatory and legal
environment in which it has to work
Once the ownership has been transferred to the SPV, the discretion
of the original owner in respect of the asset comes to an end, and it
cannot be reversed in the case of insolvency of the original owner or
otherwise
Alternative payment structures adopted by SPVs include
the “pass-through structure” – the SPV remits any funds collected
completely and immediately to the investors
the “pay-through structures” – desynchronization of servicing of the
securities from the underlying cash ‡ows
Originator’s perspective:
mitigates liquidity risk of an illiquid asset
reduced cost of funding
takes assets o¤ balance sheet, without loss of use
reduced cost of …nance if SPV is serving as multiple originators by
pooling assets
Investors’perspective:
foreign exchange risk is reduced if underlying asset is denominated in
multiple currencies
pooling of diversi…ed assets with heterogeneous risk mitigates earnings
risk
undivided ownership of the asset is an added protection
Most of the Sukuk issues so far are based on the concept of Ijarah,
while a few Sukuk are based on Shirkah, Salam or pooled assets
A number of Sukuk issues are subject to severe criticism due to the
involvement of Bai‘al ‘Inah, Bai‘al Dayn and other non-Shar¯¬’ah
compliant traits that make the Sukuk as good or as bad as
interest-based bonds
Sukuk issues of Malaysia are mostly based on the concepts of Bai‘al
‘Inah of underlying assets and the concept of Tabarru‘(donation to
the investor irrespective of the cash ‡ow of the project underlying the
Sukuk or certi…cates), while their trading in the secondary market
takes place through Bai‘al Dayn. (Lately, they have also been issuing
Ijarah Sukuk, which is a healthy development.)
Issues concerning for more vigorous and sustained support for the
emerging …nancial system
Pre…xed rates of return in almost all Sukuk, in some cases even
without any provision for third party guarantee
A number of contracts are combined in one arrangement of Sukuk
issue in such a way that they are interdependent on one another, which
make Shar¯¬’ah-compliance at stake
Most of the issues lack transparency in respect of documentation and
rights and liabilities of various parties to the issue
Pembelian kembali
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ASET
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KREDITUR 2
ASAL
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