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The Role of Sukuk in Islamic Capital Markets

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Figure 2.5: Major Standard-Setting Organizations

Source: ISRA

These organizations have set various standards to facilitate the further growth of the sukuk

market. Nonetheless, little success has been achieved thus far as their standards are only

adopted by a few jurisdictions. Besides, more effort should be made, particularly in

standardizing legal documentation for various sukuk structures that are available in the

market. This standardization would go a long way towards providing simplified documents,

thereby reducing sukuk issuance cost, which is regarded as the main deterrent pushing issuers

and investors towards conventional bonds. Some argue that even sukuk structures and

Shariah rulings on sukuk must also be standardized, especially with the recent Dana Gas

episode (Ulusoy and Ela, 2017). Standardization would enhance transparency in

understanding the complex requirements of sukuk structures, thus boosting market

confidence.

2.4

PARTIES INVOLVED IN THE ISSUANCE OF SUKUK: ROLES AND

RESPONSIBILITIES

Different sukuk structures involve different parties, depending on their underlying Shariah

contracts. For instance, partnership-based sukuk (

musharakah

and

mudarabah

sukuk) require

a manager to manage the venture; lease-based sukuk (

ijarah

sukuk) entails a lessor, a lessee

and a servicing agent; and agency-based sukuk (

wakalah

bil istithmar

sukuk) needs an

investment agent to manage the investment assets.