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Islamic Fund Management

47

Zakah Payment

Following are the two main opinions on

zakah

payment for Islamic funds. The first opinion is

more widely accepted in most jurisdictions.

1.

Zakah

is the obligation of the individual unit holder/investor. Upon selling the fund or

receiving dividends, the investors must pay

zakah

if they have owned the wealth for

one lunar year (

hawl

), and the amount received reaches the ‘zakatable’ amount (

nisab

).

2.

Islamic funds, as legal entities similar to individuals, should pay

zakah

.

Management of Risk

Shariah requires parties to be fair, just and ethical in their dealings with one another, and for

the balance of risk (and its accompanying rewards) to be apportioned. The aim is to prevent a

party with a stronger bargaining position from exploiting another one that is less able to

negotiate fair and equal terms for a transaction.

There is an increasing focus on ensuring that the level of risk commensurates with the risk the

client is willing and able to accept. While Islamic principles require the acceptance of risk to

justify the earning of a reward, the concept of

speculation (

maysir

) forbids risk taking that is

akin to gambling.

As a result, one of the primary difficulties for Islamic fund managers is to provide an

investment fund that minimises the potential risk to the investor. Unlike mainstream funds

that can hedge their risks by diversifying the portfolio of investments, Islamic funds are

severely restricted to investments that pass the screening criteria. Traditional derivative

instruments, such as futures, are generally not permitted. There is a recent trend of permitted

options that can hedge the risks of equity, commodities and currencies. However, the primary

method of managing risk is in the form of capital-protected equity structures. These require

the investor to use a small portion of the overall portfolio as a downpayment (‘

urbun

) for a

basket of shares that will be delivered on a date in the future. The disadvantage of this

structure is that it reduces the short-term liquidity of the investment and requires the investor

to relinquish redemption frequency (Motani & Sah, 2017).