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Islamic Fund Management

52

Table 3.3: Salient Terms of Malaysia’s Guidelines on Islamic REITs

Salient Terms

Tenants

An Islamic REIT may invest in real estate where:

1.

All of its tenants carry out fully Shariah-compliant activities; or

2.

Some of the tenants carry out Shariah non-compliant activities, provided the

percentage of rental received from all such activities (Shariah non-compliant

rental) is less than 20% of the total turnover of the Islamic REIT.

Non-Compliant

Rental

Threshold

Where a tenant’s activities comprise both Shariah-compliant and Shariah non-

compliant activities, the following requirements will apply to ensure that the

Shariah non-compliant rental is below the 20% threshold:

1.

The calculation of the Shariah non-compliant rental must be based on the

percentage of area occupied for Shariah non-compliant activities to the total

area occupied by such tenants.

2.

Notwithstanding item (1) above, for activities that do not involve the use of

space, such as service-based activities, the Shariah adviser may apply

ijtihad

(intellectual reasoning) when assessing the Shariah non-compliant rental for

such tenants.

Source: Securities Commission Malaysia (2018)

Figure 3.7: Basic Structure of an Islamic REIT

Direct

ownership

of properties

Net property income

Units subscribed in IPO

and/or acquired in the

open market

Dividend

distribution

Acts on behalf of unit

holders

Trustee fees

INVESTOR OR

UNITHOLDERS

TRUSTEE

MANAGEMENT

COMPANY

SHARIAH ADVISORY

COMMITTEE

ISLAMIC REIT

Management

services

Governance for Shariah

compliance

PROPERTIES

Management fees

Appointment of

trustee

PROPERTYMANAGER

Property

management

services

Property

management

fees

Source: RAM

5.

ETFs

ETFs are a type of mutual fund that combines the features of an open-ended fund and a stock.

Units are issued directly to investors when the scheme is launched. The units are listed and

traded on a stock exchange like a stock. Transactions are done through the exchange’s brokers.

Investors need a broking account and an account related to buying/selling securities. Units

purchased are credited to the demat account of the investor. The prices of the ETF units on the