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Diversification of Islamic Financial Instruments

26

The Islamic finance industry has evolved regulatory perspective wise over the last couple of

decades. With introduction of addendums to financial laws in Muslim countries to initiate

Islamic banking as the origin of Islamic regulatory framework the industry is moving to global

standards. Major Islamic finance destinations, like Malaysia, Pakistan, Turkey, UAE, Indonesia

etc. have now separate regulatory laws which govern Islamic finance in their jurisdictions.

Newer entrants to Islamic finance are working towards developing standalone Islamic

financial laws to govern the growing industry. These efforts have gained pace with the efforts

of global Islamic finance regulatory bodies like IFSB, AAOIFI, IIFM etc. The international

regulatory bodies have been able to harmonize regulations and reporting of Islamic finance

globally while maintaining the diversity of Islamic financial products. The evolution of

regulatory frameworks has strengthened the Islamic financial industry by introducing risk

management and financial reporting standards to assist the rapid growth of the industry. The

regulatory evolution has been discussed in detail in the following sections.

2.4.1 SUKUK MARKET

Sukuk which is plural for sakk, refers to an investment certificate. It could also mean a trustee

certificate. Sukuk, it appears, have been used extensively by Muslims in the Middle-Ages as

papers denoting financial obligations from commercial activities. Being a fund-raising product,

Sukuk have often been referred to as “Islamic bonds” and subjected to comparison with

conventional bonds. While the objective of a Sukuk issuance may be the same as that of a bond,

i.e. to raise financing, there are many differences between the two instruments. To begin with,

one has to keep in-mind that there is no such a thing as “debt” financing in Islamic finance. The

only debt there is in Islam, is Qard-ul-hassan, which is a benevolent loan. That is, one which

does not have a compulsion on repayment. Given this, while Sukuk are intended to raise

external financing just like bonds, their operational, legal, and regulatory frameworks are

vastly different. We will address some of these differences later.

Sukuk are perhaps the most successful and most visible Islamic finance product today. Given

the range and international diversity of Sukuk issuers, it is obvious that Sukuk have become an

internationally accepted Islamic finance product.

Sukuk instruments can be structured in multiple manners by adopting from more than one

Islamic contract. Sukuk are often structured on multiple contracts in order to have a needed

risk profile and/or a desired cash flow stream. Table 11 briefly discusses different types of

Sukuk according to contract nature.

The global Sukuk markets had been thriving for nearly a decade but have faced a slowdown in

the recent years, with main reduction in global sovereign Sukuk after the Malaysian central

bank ceased issuing short-term Sukuk and the GCC economic downturn.

The history of Sukuk starts of from a demand from financial institutions and governments as

Shariah compliant financial institutions required Shariah compliant investment instruments to

absorb their surplus liquidity. Although the Sukuk issuances have grown rapidly, the issue of

excess liquidity requiring to be absorbed still stands given the limited supply of Sukuk relative

to demand.

The general appeal of the Sukuk has attracted issuers from all aspects, sovereigns, corporates,

and financial institutions. The demand side of Sukuk is a captive market as all Islamic financial