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Islamic vs. Modern
Bond Market
PROF. DR. MOHD. MA’SUM BILLAH
(e-mail: masum2001@yahoo.com)
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
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
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
be noted that although some of these focus on the widely accepted bonds such
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]
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
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.
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