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Islamic vs. Modern
Bond Market
PROF. DR. MOHD. MA’SUM BILLAH
(e-mail: masum2001@yahoo.com)

accounts cannot be sold to other


INTRODUCTION
investors.i
A bond is a "security" which The legal documentation for a
gives the holder a financial claim on the bond is required to specify the terms for
issuer. This claim protects the holder in both interest and principal payments.
circumstances in which the issuer is Interest can be paid monthly, semi-
unable to pay the amount due. Bonds annually or annually. This makes a
bear certain similarities to savings difference to the compounding of the
accounts. When an investor deposits interest and will affect the trading of a
money in a savings account, in effect, bond. Most bonds are pay interest semi-
that investor is lending the bank money. annually in North America.
The bank pays the investor interest on "Eurobonds", which trade in Europe, pay
the deposit. Similarly, the investor who interest annually. Mortgage-Backed
buys bonds lends the issuer money in Securities (MBS) and Asset-Backed
return for interest payments. When the Securities (ABS) are pay interest
bonds mature (come due), the investor monthly, reflecting the payment terms of
will receive the principle amount of the the underlying mortgages and loans. The
bonds back, as he would have if he had currency of payments is important. Some
withdrawn the amount from the savings bonds have the coupon paid in one
account. The major difference between currency and the principal in another.
savings accounts and bonds is that Bonds which pay part of their principal
investors can sell their bonds before they before maturity are said to "amortize"
mature to other investors. Savings
their principal, this is the case with many investment bank underwrites securities
mortgage bonds. and then sells them to the public.
Bond market comprises of
primary market and secondary market. Secondary Market: A financial market in
The primary bond market is where the which securities, that have been
bonds are initially issued, while the previously issued, can be resold. It could
secondary market where the bonds are be an organized market, such as KLSE,
resold to other investors. Islamic bonds or over-the counter (OTC) market in
are also having primary and secondary which dealers at different locations stand
markets. The main difference, however, ready to buy or sell securities over the
is the way the bonds are issued and counter to whoever accepts their price.
traded afterwards. In the process of Bonds generally can be traded
Islamic bond issuance bay’ al-‘Inah is anywhere in the world as long as a buyer
used to securitize the instrument in the and a dealer can strike a deal. There is
primary market, while in the secondary no central place or exchange for bond
market, bay’ al-Dain is used in order to trading, as there is for publicly traded
legalize reselling of the bonds. Such stocks. The bond market is known as an
process is mostly used in the Malaysian “over-the-counter” market, rather than
market, while most of the Middle- an exchange market. There are some
Eastern countries do not accept it. The exceptions to this however. For example,
proposed alternative is Islamic bonds some corporate bonds in the United
based on Muqaradah. States are listed on the exchange. Also,
bond futures and some type of bond

CONVENTIONAL BOND options are traded on exchanges. But the


majority of the bonds do not trade on
MARKET
exchanges.
Primary market: A financial market in
which new issues of a security, such as a
MARKET PARTICIPANTS
bond or a stock, are sold to initial buyers
Dealers: While investors can trade
by the corporation or government
marketable funds among themselves
agency borrowing the funds. The
whenever they want, trading is usually
done with bond dealers, more Investors: Bond investors include
specifically, the bond trading desks of financial institutions, pension funds,
major investment dealers. The dealers mutual funds and governments from
occupy center stage in the vast network around the world. These bond investors,
of telephone and computer links that along with the dealers, comprise the
connect the interested players. Bond "institutional market", where large
dealers usually make the market for blocks of bonds are traded. A trade of
bonds. What this means is that the dealer $1-million-worth of bonds would be
has traders whose responsibility is to considered a small ticket. There is no
know all about a group of bonds and to size limit, and trades involving $500
be prepared to quote a price to buy and million or $1 billion at a time can take
sell them. place. There similarly is no size
restriction in the "retail market," which
The role of the dealers is to provide essentially involves individual investors
liquidity for bond investors, thereby buying and selling bonds with the bond
allowing investors to buy and sell bonds trading desks of investment dealers.
more easily and with a limited However, the size of trades is usually
concession on the price. Dealers also under $1 million.
buy amongst themselves, either directly
or anonymously via bond brokers. The TYPES OF BONDS
aim of trading is to take a spread Convertible bonds: A convertible bond
between the price the bonds are bought is a bond that gives the holder the right
at and the price they are sold at. This is to convert or exchange the par amount of
the main way that bond dealers make (or the bond for common shares of the
lose) money. Dealers often have bond issuer at some fixed ratio during a
traders located in the major financial particular period. As bonds, they have
centers and are able to trade bonds 24 some characteristics of fixed income
hours a day (although not usually on securities. Their conversion feature also
weekends). gives them features of equity securities.
Brokers: Brokers are agents who match Extendible/Retractable bonds:
buyers with sellers of securities. Extendible and retractable bonds have
more than one maturity date. An British pounds in the British bond
extendible bond gives its holder the right market are known as "Bulldogs". Yen
to extend the initial maturity to a longer denominated bonds by foreign issuers
maturity date. A retractable bond gives are known as "Samurai" bonds.
its holder the right to advance the return
of principal to an earlier date than the Government bonds: Governments have
original maturity. Investors use the power to print money to pay their
extendible/retractable bonds to modify debts, as they control the money supply
the term of their portfolio to take and currency of their countries. This is
advantage of movements in interest why most investors consider the national
rates. The characteristics of these bonds governments of most modern industrial
are a combination of their underlying countries to be almost "risk-free" from a
terms. When interest rates are rising, default point of view.
extendible/retractable bonds act like Corporate Bonds: A corporate
bonds with their shorter terms When bond is a loan made by a corporation in
interest rates fall, they act like bonds return for a specified amount of interest
with their longer terms. and the repayment of the face value of
Foreign Currency bonds: A the bond at a specified maturity dateii.
"foreign currency" bond is a bond that is The creditworthiness of corporate bonds
issued by an issuer in a currency other is tied to the business prospects and
than its national currency. Issuers make financial capacity of the issuer. The
bond issues in foreign currencies to business prospects of companies are
make them more attractive to buyers and dependent on the economy and the
to take advantage of international competitive situation of industries.
interest rate differentials. Foreign Industries with stable revenues and
currency bonds can "swapped" or earnings are called "non-cyclicals",
converted in the swap market into the where as those whose revenues and
home currency of the issuer. Bonds earnings rise and fall with the economy
issued by foreign issuers in the United and commodity prices are called
States market in U.S. dollars are known "cyclicals". Companies that have
as "Yankee" bonds. Bonds issued in financial risk because of high levels of
debt and variable revenues and earnings security" (IPS) are principal indexed.
are called "below investment grade" or This means their principal is increased
"junk" bonds because of their by the change in inflation over a period.
speculative nature. Higher quality bonds In most countries, the Consumer Price
are considered "investment grade". Index (CPI) or its equivalent is used as
an inflation proxy. As the principal
High Yield or Junk bonds: A high yield, amount increases with inflation, the
or "junk", bond is a bond issued by a interest rate is applied to this increased
company that is considered to be a amount. This causes the interest payment
higher credit risk. The credit rating of a to increase over time. At maturity, the
high yield bond is considered principal is repaid at the inflated amount.
"speculative" grade or below In this fashion, an investor has complete
"investment grade". This means that the inflation protection, as long as the
chance of default with high yield bonds investor's inflation rate equals the CPI.
is higher than for other bonds. Their
higher credit risk means that "junk" bond Zero coupon bonds: Zero coupon or strip
yields are higher than bonds of better bonds are fixed income securities that
credit quality. Studies have are created from the cash flows that
demonstrated that portfolios of high make up a normal bond. Conceptually, a
yield bonds have higher returns than zero coupon security is just like a
other bond portfolios, suggesting that the Treasury Bill or "T-Bill". The investor
higher yields more than compensate for pays something up front in exchange for
their additional default risk a promise to receive $100 on the
maturity date.
Inflation linked bonds: An inflation-
linked bond is a bond that provides VALUING BONDS
protection against inflation. Most
inflation-linked bonds, the Canadian The price of bond like any other
"Real Return Bond "(RRB), the British financial instrument is equal to the
"Inflation-linked Gilt" (ILG) and the present value of the expected cash flows
new U.S. Treasury "inflation-protected of that instrument.iii The cash flows, in
turn, depend of a bond depends on the unlikely). The actual return generated by
size of its coupon payments, the length a bond held until maturity depends on
of time remaining until the bond matures the future reinvestment rates at which
and the current level of interest rates. the coupon payments received are
invested.
Present Value: Present value of a bond is
the present value of its cash flows Duration: Duration is a measure of the
(coupons and principal) discounted at a average (cash-weighted) term-to-
suitable interest rate(s). One convention maturity of a bond. The value of a bond
used to simplify the calculation will vary depending on the amount of
procedure is to assume a single rate for the cash flows (coupon size), the timing
all cash flows. This is the known as the of the cash flows (term to maturity), and
yield-to-maturity. the interest rate used for discounting.

Yield to maturity (YTM): Yield to Coupon Interest rate: An interest rate is


maturity is that yield which equates the the cost of borrowing or the price paid
present value of all the cash flows from a for the rental of funds. Consequently, a
bond to the price of a bond. It is an coupon rate is the interest rate that the
iterative (trial and error) calculation that issuer of the bond promises to pay the
accounts for the reinvestment of the bond holder. If, for example, the coupon
coupons as well as any capital gain or rate is 5 percent, the issuer of the bonds
loss on the price of the bond (which will promises to pay $50 in interest on each
be redeemed by the issuer at par, $100). bond per year (5% x $1000). Many
Conversely, given the YTM, a price can bonds pay interest semiannually, the
be calculated. A rise in the YTM will bond holder would receive $25 per bond
cause the price calculated to decrease, every six months.iv There are different
while a fall in the YTM will cause the coupon interest rates on different types
price to rise. Although it does simplify of bonds depending on their riskiness.
the calculations, this convention assumes
that all the coupons from a bond can be Market Interest Rate: Bond’s price
reinvested at the same rate (which is moves in the opposite direction of the
change in market interest rates.v As traded in the secondary market, the
interest rates rise (fall), the price of a negotiability of certain others is still a
bond will fall (rise). For an investor who point of debate and controversy due to
plans to hold a bond to maturity, the their legal acceptability or compliance
change in the bonds price prior to with shari‘ah. Therefore, some of these
maturity is not of concern; however, for bonds can be traded in the secondary
an investor who may have to sell the market while the trade of others is
bond before the maturity date, an limited to the primary market because
increase in interest rates after the bond they can be exchanged only at face
was purchased will mean the realization value.
of a capital loss.
In Malaysia for instance, almost all of
ISLAMIC BOND MARKET the domestic Islamic debt papers issued
so far have been based on the principles

Considering the fact that bond issuance of murabahah, bay‘ bi al-thaman al-ajil,

and trading are important means of bay’ al-’inah and bay’ al-dayn, despite

investment in the modern economic the controversy surrounding the issuance

system, Muslim jurists and economists of tradable bonds in the secondary

are trying to find the Islamic alternative. market based on the above two

However, to meet the various demands contracts. At the same time, there is a

of investors Islamic bonds and perceptible increase in the willingness

certificates should be diversified. We amongst Malaysian issuers of bonds to

have so far the mudarabah or explore other Islamic principles of

muqaradah bonds, the musharakah financing, namely the profit-oriented

bonds, the Ijarah bonds, the istisna‘ based musharakah as well as the asset-

bonds, the salam bonds and the backed mode of ijarah. Hopefully, the

murabahah bonds. However, it should future issuance of Islamic bonds will

be noted that although some of these focus on the widely accepted bonds such

instruments have been generally as musharakah bonds, mudarabah bonds

accepted as being in compliance with and ijarah bonds.

Islamic principles so that they can be


However, the problem with Malaysian assume the role of al-mal or property to
Islamic bonds has been the application qualify as an object of sale. An object of
of bay’ al-’inah and bay’ al-dayn, which sale in the Islamic law of contract must
is not well accepted by the Middle- be a property of value. When a bond
eastern investors. The contract of bay’ certificate is supported by an asset as
al-’inah and bay’ al-dayn is seen as evidenced via the securitization process,
something similar to riba based it is transformed into an object of value
financing. This will certainly pose a and therefore qualifies to become an
great challenge to the Malaysian object of trade whereby it can be
companies seeking Islamic funds in the purchased and sold in both the primary
Middle-east via bond issues. and secondary market. Investors then
will have to the right to sell (haqq mali)
THREE MAIN STEPS these bonds. In the bay` al-‘inah asset

INVOLVED IN THE BOND securitization, the financier purchases an


asset from the issuer and sells it back to
ISSUANCEvi.
the same party at a credit price. This
buy-back agreement will ensure that the
1) Securitization
issuer will receive the money in cash
2) Bond Issuance
while financier will be paid a prefixed or
3) Trading of dept certificates
contracted amount in a future date. Debt
payments will be made by installment
The Creation of a Bay’ al-’ Inah
through bond issues. The difference
Underlying Asset
between cash and mark-up price will
represent the profit due to the financier.
Asset securitization is the essence of
Islamic bond issues, as a bond must
(1) Sell an asset for deferred price 15 mil

(3) Cash payment 14 mil


Creditor Debtor

(2) Sell the asset 14 mil

(4) Pays the creditor 15 mil

(1) Sell an asset in cash 14mil

(2) Cash payment 14 mil


Creditor Debtor

(3) Debtor buys back the asset 15 mil

The underlying asset is therefore crucial asset such as a list including building
in determining the Islamicity of these and properties.
bonds. In the Malaysian experience these
assets include factories, equipment, Issuance of Islamic Debt Certificate
stock and inventory and even intangible ( Shahdah al-Dayn)
This usually takes place in the primary The lack of secondary market however
market where in settling its debt, the should not imply that trading issues is no
issuing company will sell debt longer significant. This calls the need to
certificates or bonds to investors. As explain the Islamic view of bond trading
mention above, debt certificates issues in the secondary market. As mentioned
are valid only when it is supported by an earlier when a debt certificate is
asset. In other words, the bonds must be securitized, it now becomes property
securitized. Here the underlying security (al-mal) which is also an article of trade.
is the BBA or al-murabahah asset. The As an article of trade, the bonds can be
underlying asset need not be BBA or al- sold by investors to the issuer or the
murabahah alone. If the 1st stage third party if a secondary market for
involves a contract of Ijarah, then the Islamic bonds exists. The trading or sale
debt certificate is called Sukuk al-Ijarah. and purchase of the debt certificates is
If an Istisna’ contract is used, we can called bay’ al-dayn. In Malaysia, the
called it Sukuk al-istisna’. Islamic bonds contract is bay’ al dayn at a discount is
new issues can be categorized into two, acceptable while Middle-east Ulama’
namely bonds issues with coupons and consider it invalid even though the debt
those with none. The former is known as is supported by underlying assets. Any
the Islamic coupon bond while the latter profit created from the sale and purchase
Islamic zero coupon bond. of a debt is riba.

TRADING OF DEBT
CERTIFICATE – "And whatever riba you give so that it
may increase in the wealth of the people,
DISCOUNTED BAY’ AL-
it does not increase with Allah." [Ar-
DAYN.
Rum 30:39]

For liquidity purposes, bond trading in


Prophet Muhammad (S.A.W) said: “That
the secondary market is crucial.
every loan entailing benefit is usury”vii
However, almost all Islamic bonds today
were bought for long-term investments.
THE NATURE OF BAY` AL-DAYN
of sale is usually for immediate payment
The issue of bay’ al-dayn arises when or for deferred payment (al Nasi’ah).
the bonds are traded in the secondary
market at a discount. We have to note SALE OF AL DAYN TO A
that buyers in the secondary market are THIRD PARTY
usually speculators, that those who do
According to most of Hanafis, Hanbalis
not intend to keep the bond for long-
and Shafis juristsix, it is not allowed to
term investment purposes. Their main
sell al Dayn to non-debtor or a third
objective is to make quick capital gains
party at all. Such opinions are based on
on the basis of market liquidity and
the forbidden sale of al Kali Bil al Kali,
interest rate movement. However, there
sale of a Gharar, sale which the seller
is no indication that controversies exist
does not possess.
in the bay’ al-dayn where bonds are sold
or redeemed at par value. We may now
Selling al Dayn to a Third Party is
discuss Bay’ al Dayn to show its nature
Allowed with Conditions
according to Islamic view.
As an exception Malikis, Hanafis
viii
According to al-Majallah , Dayn
and some Shafi’s jurists allowed selling
defines as the thing due i.e the amount of
al-Dayn to a third party. Since the
money owed by a certain debtor. So also
creditor has the right to sell it to the
a sum of money not existing is
debtor, as well as he has the right to sell
considered a debt, as also a certain sum
it to a third party provided the following
of money from things which exist or are
rules must be observed:
present, or from a heap of wheat which
is present before it is separated from the
a) The Dayn must be Mustaqir
mass. Al-Dayn can be either monetary,
(confirmed debt) and the contract must
or a commodity, like, food or metal.
be performed on the spot, not deferred in
Based on the aforementioned of al-
order to avoid any relationship with the
Dayn, and the literal meaning of Bay’
sale of a debt for a debt which is
al-Dayn we can define it as the sale of
prohibited by Islamic law.
payable right either to the debtor
himself, or to any third party. This type
b) The debtor must be a financially transaction would be tantamount to riba
capable, must accept and recognize the al-Nasi’ah and is therefore prohibited. It
sale, in order that he will not deny the is noteworthy that trading in bonds is a
sale. This condition aims to avoid any subject of dispute on two counts:
dispute between the parties, and the First, the bonds are normally sold at less
debtor must be easily accessible so that then their nominal values. Second, the
the creditor knows whether he has the state or the issuer would use the mode of
capacity to pay his debt or not. Bay` al-` inah and Bay` al-Dayn and
these both sales transactions are
c) The sale should not be based on regarded as riba by the majority of
selling gold with silver or opposite, Muslim scholars. This is the very reason
because, any exchanges between these for the controversy about the legitimacy
items necessitates the immediate of Malaysian Islamic bonds which
possession, and if the debt is money, its renders it to be unacceptable by
price in another debt should be equal in individual Islamic jurists and institutions
terms of amount of quantity. outside Malaysia and the Middle-Eastern
countries. Islam does not allow the legal
Furthermore, the selling of al-dayn must devices to be treated as a justification for
avoid the occurrence of Riba between transactions which
the two debts, and must also avoid any Islam regards unjust and against Islamic
kinds of Gharar which may be raised at belief. The bonds would have been
the level of inability of the buyer from acceptable from an Islamic point of view
possessing what he bought, as it is not if the application of the mode of
permitted that the buyer sells before financing would be based on the legal
actual receipt of the purchased item. maxim of al-Ghunmu bil ghurmix
It is important to note that Muslim meaning that no person is allowed to
scholars have unanimously prohibited invest in a way that generates profit
the trading of debt (bay` al-dayn) at without exposing himself to the risk of
anything other than face value. Where loss. It would expose both parties to the
the price paid for a debt is not the same outcome of their deal, be it a profit or a
as the face value of that debt, the
loss, and thus avoid of usury as matter of contractor in istisna‘ to enter into a
Islamic principle. parallel istisna‘ contract with a
subcontractor. Thus, a financial
TYPES OF ISLAMIC BONDS institution may undertake the
construction of a facility for a deferred
IJARAH BONDS price, and sub contract the actual
construction to a specialized firmxii.

Ijarah is a contract according to which a


party purchases and leases out MUSHARAKAH BONDS
equipment required by the client for a Musharakah bonds based on the
rental fee. The duration of the rental and musharakah contract are relatively
the fee are agreed in advance and similar to muqaradah bonds. The only
ownership of the asset remains with the major difference is that the intermediary-
lessor. Hence, the relationship between party will be a partner of the group of
the parties differs from that of a debtor- subscribers represented by a body of
creditor relationship since it is based on musharakah bondholders in a way
buyer-seller of an asset. Ijarah bonds, on similar to a joint stock company while in
the other hand are securities of equal mudarabah the capital is only from one
denomination of each issue, representing party. It should be noted that almost all
physical durable assets that are tied to an the criteria applied to mudarabah bonds
ijarah contract as defined by shari‘ahxi . are also applicable to the circulation of
musharakah bonds.
ISTISNA‘ BONDS
Istisna‘ is a contract to sell a Difference between Musharakah

manufacturable good with an Certificate and a Conventional Bond

undertaking by the seller to present it


manufactured from his own material, MUSHARAKAH
according to specified description and at CERTIFICATE
a determined price.The suitability of Represents direct ownership of the
istisna‘ for financial intermediation is holder in the assets of the project.
based on the permissibility for the
If all the assets of the joint project are in violated. One such instrument is the
liquid form, the certificate will represent Muqaradah bond. A Muqarada bond is
a certain proportion of money owned by an Islamic bond in which no interest is
the project. earned, but whose market value varies
CONVENTIONAL BOND with the anticipated or expected profits.

Has nothing to do with the actual It is the product of Muslim scholars and

business undertaken with the borrowed thinkers who developed and designed

money. the financial instrument where interest or

The bond stands for a loan repayable to similar forms of returns which Islam has

the holder in any case, and mostly with unequivocally prohibited are excluded.

interest. The Council of the Islamic Fiqh


Academy of Organization of Islamic
Countries (OIC) during its fourth
MUQARADA BONDS AN
conference in Jeddah, Saudi Arabia from
ALTERNATIVE FOR
18 to 23 Jamadul Akhir 1406H/6 to 11
ISLAMIC DEBT BONDS February 1988, approved the mode of
Muqarada by issuing Fatwa after having
The Islamic financial system is a set of reviewed various studies on Muqarada
rules and regulation that govern the bonds. The meaning of Muqarada bonds
flows of funds from the surplus- and its salient features is given in the
spending unit to the deficit-spending following: Muqarada bonds, as the term
unit. These rules and regulations are denotes, are based on the conclusion of
strictly governed by Shari’ah principles lawful “Muqarada” (the mudaraba) with
where there is neither a possibility nor a capital on one hand and labor on the
need to apply usurious financial other, and the shares of profit are
instruments such as the debt related determined beforehand by a definite
bonds. Hence, the solution for Islamic proportion of the total. It is called a bond
financial system dilemma lies in the because it is terminal in nature that its
development of financial instruments in maturity is determined by the tenure or
which the Shari’ah rulings are not project completion date.
Growth in MYR Islamic Bond Marketxiii

Potential Growth in USD Islamic Bond Market


CONCLUSION

As we have shown, the conventional bond market comprises of primary market and
secondary market. The primary bond market is where the bonds are initially issued, while
the secondary market where the bonds are resold to other investors. Islamic bonds are
also having primary and secondary markets. The main difference, however, is the way the
bonds are issued and traded afterwards. In the process of Islamic bond issuance bay’
al-‘Inah is used to securitize the instrument in the primary market, while in the secondary
market, bay’ al-Dain is used in order to legalize reselling of the bonds. Such process is
mostly used in the Malaysian market, while most of the Middle-Eastern countries do not
accept it. The proposed alternative is Islamic bonds based on Muqaradah.
i
Eswe Faerber, All About Bonds and Bond Mutual Funds, Mc Graw Hill, 1993
ii
Ibid.
iii
Frank J. Fabozzi and T. Dessa Fabozzi, Bond Markets: Analysis and Strategies, Prentice Hall, Inc. 1989
iv
Eswe Faerber, All About Bonds and Bond Mutual Funds, Mc Graw Hill, 1993
v
Frank J. Fabozzi and T. Dessa Fabozzi, Bond Markets: Analysis and Strategies, Prentice Hall, Inc. 1989
vi
Saiful Azhar Rosly & Mahmood M. Sanusi, The Application of Bay’ al-‘inah and Bay’ al-dain in Malaysian Islamic
Bonds: An Islamic Analysis, International Journal of Islamic Financial Services Vol. 1 No.2.
vii
Al-Shirazi, al-Muhadhab, vol. 1, p. 304.
viii
Majallah al-Ahkam al c Adliyyah, Art. No. 158.
ix
Al-Zuhili, Bay’ al Dayn in the Shari’ah, pp. 35/6
x
Majallah al-Ahkam, Art. 87.
xi
Monzer Kahf, “The use of Assets Ijarah Bonds for Bridging the Budget Gap”, Islamic Economic Studies, vol. 4, no.2,
May 1997, p. 82.
xii
Muhammad al-Bashir Muhammad al-Amine, The Islamic bonds market: possibilities
and challenges
xiii

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