Can rights be the underlying asset for Sukuk? the Malaysian experience.

Sukuk market has hitherto focused on issuances based on intangible underlying assets. Right (haqq) is intangible in nature which can in principle include government awards, goodwill, trademarks, receivables and other related rights as applied in the Islamic capital markets. This paper looks into the...

Full description

Bibliographic Details
Main Author: Adam Sa'ad, Auwal
Format: Article
Language:English
Published: International Institute of Advanced Islamic Studies (IAIS) Malaysia 2015
Subjects:
Online Access:http://irep.iium.edu.my/69130/
http://irep.iium.edu.my/69130/
http://irep.iium.edu.my/69130/1/69130-Can%20Rights%20be%20the%20Underlying%20Asstes%20of%20Sukuk%2C%20The%20Malaysian%20Experience.pdf
id iium-69130
recordtype eprints
spelling iium-691302019-07-10T06:33:10Z http://irep.iium.edu.my/69130/ Can rights be the underlying asset for Sukuk? the Malaysian experience. Adam Sa'ad, Auwal HG3368 Islamic Banking and Finance Sukuk market has hitherto focused on issuances based on intangible underlying assets. Right (haqq) is intangible in nature which can in principle include government awards, goodwill, trademarks, receivables and other related rights as applied in the Islamic capital markets. This paper looks into the opinions of classical Muslim schools and scholars on whether or not these assets are acceptable assets for Sukuk. The paper incorporates analysis of the current applications of right as an underlying asset for Sukuk in Malaysia. The analysis includes a case study on Sukuk that uses right as an underlying asset, and raises some Shari’ah questions surrounding its applications. The study stipulates that right is an eligible asset for Sukuk transactions, because it is valuable and capable of ownership and possession. However, it is recommended that Sukuk based on government award should only be issued by government entities; private companies should not issue Sukuk based on government awards because it was based on iqta' principle and only the government has the right to grant its ownership to the general public. International Institute of Advanced Islamic Studies (IAIS) Malaysia 2015-01 Article PeerReviewed application/pdf en http://irep.iium.edu.my/69130/1/69130-Can%20Rights%20be%20the%20Underlying%20Asstes%20of%20Sukuk%2C%20The%20Malaysian%20Experience.pdf Adam Sa'ad, Auwal (2015) Can rights be the underlying asset for Sukuk? the Malaysian experience. Journal of Islam and Civilizational Renewal, 6 (1). pp. 92-105. ISSN 13940937 https://www.icrjournal.org/icr/index.php/icr/issue/view/21
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic HG3368 Islamic Banking and Finance
spellingShingle HG3368 Islamic Banking and Finance
Adam Sa'ad, Auwal
Can rights be the underlying asset for Sukuk? the Malaysian experience.
description Sukuk market has hitherto focused on issuances based on intangible underlying assets. Right (haqq) is intangible in nature which can in principle include government awards, goodwill, trademarks, receivables and other related rights as applied in the Islamic capital markets. This paper looks into the opinions of classical Muslim schools and scholars on whether or not these assets are acceptable assets for Sukuk. The paper incorporates analysis of the current applications of right as an underlying asset for Sukuk in Malaysia. The analysis includes a case study on Sukuk that uses right as an underlying asset, and raises some Shari’ah questions surrounding its applications. The study stipulates that right is an eligible asset for Sukuk transactions, because it is valuable and capable of ownership and possession. However, it is recommended that Sukuk based on government award should only be issued by government entities; private companies should not issue Sukuk based on government awards because it was based on iqta' principle and only the government has the right to grant its ownership to the general public.
format Article
author Adam Sa'ad, Auwal
author_facet Adam Sa'ad, Auwal
author_sort Adam Sa'ad, Auwal
title Can rights be the underlying asset for Sukuk? the Malaysian experience.
title_short Can rights be the underlying asset for Sukuk? the Malaysian experience.
title_full Can rights be the underlying asset for Sukuk? the Malaysian experience.
title_fullStr Can rights be the underlying asset for Sukuk? the Malaysian experience.
title_full_unstemmed Can rights be the underlying asset for Sukuk? the Malaysian experience.
title_sort can rights be the underlying asset for sukuk? the malaysian experience.
publisher International Institute of Advanced Islamic Studies (IAIS) Malaysia
publishDate 2015
url http://irep.iium.edu.my/69130/
http://irep.iium.edu.my/69130/
http://irep.iium.edu.my/69130/1/69130-Can%20Rights%20be%20the%20Underlying%20Asstes%20of%20Sukuk%2C%20The%20Malaysian%20Experience.pdf
first_indexed 2023-09-18T21:38:08Z
last_indexed 2023-09-18T21:38:08Z
_version_ 1777412958406574080