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7 - Financial Products and Instruments

Published online by Cambridge University Press:  12 September 2012

Ibrahim Warde
Affiliation:
Fletcher School of Law and Diplomacy, Tufts University
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Summary

As discussed in previous chapters, most of the products offered by conventional financial institutions have some Islamic counterpart. Importantly, however, the underlying contracts are often fundamentally different. Consider the case of sukuk, or “Islamic bonds.” From an investor's standpoint, the two are quite similar: they offer a fixed return at periodic intervals, they can be traded on the secondary market, and they will be redeemed at a certain date. Yet the underlying financial transactions are not the same: the conventional bond is an interest-bearing debt, whereas the typical sakk (plural sukuk) represents a share in an underlying asset (typically, real estate), and the periodic return usually represents a lease payment. Thus, although Islamic products were often created to mirror conventional ones, their implications (for example, in the case of default or liquidation) are by no means identical. The contractual documentation is also usually significantly different. For example, a conventional leasing contract is typically a short one, incorporating all the elements of the lease, whereas the Islamic documentation for a comparable transaction is likely to include several contracts, in line with the Shariah principles of simplicity and clarity: a contract for the lease proper; another for the option to purchase the equipment; another for the agency agreement between lessor and lessee; etc. Furthermore, the “fine print” in an Islamic contract is likely to include specific ethical and PLS features designed to prevent predatory practices.

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Publisher: Edinburgh University Press
Print publication year: 2010

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