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The Role of Sukuk in Islamic Capital Markets

52

for the contract of

ijarah

due to its wide acceptance by Islamic jurists. Nonetheless, securing

eligible Shariah-compliant assets that are unencumbered has been identified as a limiting

factor vis-a-vis meeting the expected asset-pricing guidelines. Hence over the years, more

sukuk issues have adopted a hybrid structure (e.g. Figure 3.3 - Malaysia’s global

wakalah

sukuk issuance) – a combination of more than one Shariah contract to meet the commercial

reasoning for the efficient use of assets.

Based on historical sukuk issuance,

wakalah

or

wakalah bil istithmar

sukuk

has a number of

variations in the underlying assets, as explained below.

(i)

Combination of

ijarah

and existing debts

Figure 3.2 above depicts the IDB’s portfolio comprising 33% of tangible assets and 67% of

intangible assets (

istisna’

receivables and/or

murabahah

receivables). The percentage used in

the portfolio sets the precedent for future

ijarah

sukuk structures adopted in other countries.

(ii)

Combination of

ijarah

and newly created debt

Cagamas’

sukuk

al-amanah li al-istithmar

used a combination of

ijarah

and newly created debt

in its RM5.0 billion ICP and MTN programmes in 2010.

Ijarah

contracts represented 50% of

the portfolio.

(iii)

Combination of

mudarabah

and newly created debt

Gulf Investment Corporation’s RM3.5 billion MTN sukuk programme in 2011 adopted a

structure that incorporated

mudarabah

contracts and newly created debt.

(iv)

Combination of

ijarah

, shares and newly created debt

This structure was used in the GoM’s USD2.0 billion

wakalah

sukuk

issuance in 2011. The

sukuk created a new landmark as the largest ever USD sovereign sukuk, the largest issuance at

that time by Malaysia in the international USD markets, and the first 10-year USD sovereign

sukuk.

(v)

Combination of intangible assets (e.g. vouchers representing the right to use a

specific number of travel units), shares and lease assets

Figure 3.3 above illustrates Malaysia’s global sukuk issuance with this kind of assets

combination.