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Sukuk Article
Sukuk Article
Sukuk Article
Abstract
This review paper gives a thorough examination of theoretical research on Sukuk Islamic
securities, focusing on its specific features inherent in Sharia principles, such as risk-sharing and
asset backing. The review of literature looks at major studies that show the importance of Sharia
compliance and risk management for the integrity of Sukuk. Also, this review paper highlights
the difficulties in Sukuk issuance, emphasizing their vulnerability to global economic downturns.
At the same time, it examines the significance of Shari'ah compliance for Sukuk, which
distinguishes them from traditional bonds. The review paper finishes by identifying gaps in the
literature and suggests future research topics, providing significant insights for Islamic finance
policymakers, practitioners, and scholars.
I. Introduction
I.1 Background of studies
Sukuk Islamic securities are financial instruments built according to Islamic principles, with the
goal of providing an ethical and Sharia-compliant alternative to traditional bonds (Abubakar,
Nafees & Dorloh, 2023). Sukuk, as opposed to interest-bearing bonds, indicate ownership in
tangible assets, projects, or services, allowing for risk-sharing while conforming to the Islamic
prohibition on interest (Riba). Sukuk issuers raise funds by selling certificates to investors, who
receive a portion of the income generated by the underlying assets in return (Vishwanath &
Azmi, 2009). This equity-based strategy coincides with Islamic finance concepts of justice and
asset backing, making Sukuk an appealing investment option for individuals seeking Sharia-
compliant financial instruments that contribute to global financial market diversification.
In recent years, Islamic finance has seen extraordinary development and innovation, with
Sukuk Islamic securities emerging as a significant tool within this ever-changing ecosystem.
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Further, Abdo (2014) mentioned that Sukuk, which are based on Islamic principles that forbid
the payment or receipt of interest (Riba) and encourage risk-sharing and asset-backed lending,
are gaining popularity due to their ethical and Sharia-compliant nature. Sukuk, as an alternative
to conventional bonds, not only serve as a financing tool for governments and enterprises, but
they also adhere to the Islamic finance principles of fairness and equity. In all aspects of Islamic
finance just like Sukuk securities is an alternative to manage socio economic situation in a
country. Islamic finance is understood in the context of Islamic attitude towards ethics, wealth
distribution, social and economic justice. The system is based on the goals, principles, and values
of the sharia law, (Sherifah & Marhanum 2020).
Sukuk's significance goes beyond Islamic finance, grasping the interest of the global
financial industry. Today, the rise in interest is a reflective of a bigger trend. While the
integration of Islamic financial products into mainstream global finance, reflects the
development of the Islamic finance industry. A sukuk is an interest in an underlying funding
arrangement regulated in accordance with sharia, entitling the holder to a proportionate share of
the returns generated by such arrangement at a defined future date, the return of the capital.
Sukuk holder is granted an ownership interest in the assets or business being financed, and the
return is tied to the performance of the underlying economic assets or projects (Pirgaip, Arslan-
Ayaydin, & Karan, 2021).
Financing capital intensive economic projects are financially challenging. These projects
are sometimes stopped after the first stage of its feasibility assessment due to the project money
matters (Deji, 2024). Hence, project managers and investors around the world are becoming
more interested in Sukuk, drawn by the promise for predictable returns combined with adherence
to ethical and socially responsible investment practices. The investment practices are guided by
Islamic work ethics based on the concept of faith and good deeds. Islamic work ethic will not be
formed without a foundation of faith and good deeds. They are interrelated and cannot be
separated. Good deeds cannot exist without faith, as well as faith that is not accompanied by
good deeds will be meaningless. In carrying out any work, a person has three responsibilities, the
responsibility to Allah SWT, responsibility to oneself, and responsibility to others (Ahdi &
Rozikan, 2023).
The increasing numbers of research publications can be overwhelming to stay updated
with in recent developments on a specific topic. A review article provides an overview and an
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evaluation of the current state of knowledge about a specific area of research (Bahishti, 2021).
This article paper is designed to allow for a methodical investigation of the theoretical
environment around Sukuk Islamic securities. Following this introduction, the literature review
section will provide a synthesis of previous theoretical study on Sukuk, laying the groundwork
for further investigation. The methodology section will describe the strategy used to choose and
review the literature, assuring an objective and thorough evaluation. The findings from the
literature review will be presented in the result analysis section, which will categorize and
analyze the theoretical views. The next section will present an overview of research findings and
will kick off discussions, providing insights into the significant topics and disputes discovered.
Finally, the conclusion and recommendations will summarize the paper's contributions,
consequences, and future study directions in the rapidly evolving field of Sukuk Islamic
securities.
1.2 Objective
This study is to examine previous studies and show the theoretical foundations of Sukuk Islamic
securities. To shed light on the conceptual frameworks, models, and insights that have shaped the
discourse surrounding Sukuk by performing a comprehensive examination of previous research.
This investigation is hoped to add to the academic understanding of Sukuk and provide useful
insights for practitioners, policymakers, and scholars interested in Islamic finance and banking.
This sub-section describes relevant, comprehensive past studies related to the topic.
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Sukuk Islamic Security for Risk Management and Asset-Backing
Sukuk are distinguished from conventional bonds by their adherence to Sharia norms, which
emphasize risk-sharing and asset backing. To illustrate, the study by Aleshaikh, Nourah, and
Mohammad (2016) tackles the objections leveled at recent sukuk issuances by investigating the
risks, agency costs, and Sharia compliance connected with these Islamic instruments. Using a
case study method, the research focuses on asset-backed sukuk structures and applies an
inductive technique to analyze legal and financial difficulties. The primary goal is to assess
conformity to Sharia principles while minimizing agency costs and resolving conflicts in sukuk
systems. The paper identifies the concept of co-ownership as a solution for reducing agency
costs, increasing competitiveness, and allocating risk in sukuk structures. Despite the
endorsement of famous experts, the study contains inconsistencies with AAOIFI Shariah criteria,
particularly in the areas of assurance, ownership, principle, return, and maintenance costs.
Additionally, the findings show that, while SEC and sukuk cases contain more credit risk, they
do not correspond to the sukuk concept, emphasizing the need for genuine ownership in
investment (Aleshaikh, Nourah, & Mohammad, 2016). Consequently, this study emphasizes the
complicated nature of sukuk structures, emphasizing the importance of Sharia compliance and
adequate risk management to ensure the integrity and competitiveness of these Islamic
instruments in comparison to conventional bonds.
Similarly, the discussion in Abdullah Leslie (2011) sections on 'Securitization' and
'Asset-based and Asset-backed Sukuk' concentrates around the process of securitization and the
contrasts between asset-based and asset-backed Sukuk, emphasizing their Sharia compliance.
Sukuk are presented as products of the securitization process, which converts illiquid assets into
marketable securities. Asset-backed Sukuk distinguishes itself by tying payouts to underlying
productive assets that also serve as security, thereby complying with Sharia compliance's basic
idea. In addition, Bakri (2020) stated that the special purpose vehicles (SPVs) or special purpose
Murib (SPM) play an important role in guaranteeing bankruptcy remoteness, protecting Sukuk
holders from risks associated with the originator's bankruptcy. However, the discussion
underlines a practical issue in which some Sukuk arrangements preserve originator ownership of
assets, thereby jeopardizing Sharia compliance and exposing Sukuk investors to risks like those
of conventional bonds.
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Furthermore, the investigation of asset-based and asset-backed Sukuk enlarges on the
contrast between the two. Asset-backed Sukuk entails the actual sale of underlying assets to
Sukuk holders, creating legal ownership and bankruptcy distance (Abdullah 2011). This assures
that Sukuk holders they are actual owners of the assets, which is consistent with the Sharia
principle of ownership and risk-sharing.
In contrast, asset based Sukuk is like traditional unsecured bonds in that Sukuk holders
only have beneficial ownership (Muhamed & Radzi, 2011; Abdullah Leslie 2011). This exposes
them to more risk, which stems mostly from the issuer rather than the assets. The discussion
emphasizes that, even though the majority of Sukuk are labeled as asset-based, investors' legal
standing is more akin to creditors, particularly in insolvency proceedings, emphasizing the
importance of distinguishing between asset-based and asset-backed Sukuk for Sharia compliance
and risk management. Tamweel's asset-backed Sukuk is highlighted as an exception in which
legal ownership of assets is transferred to Sukuk holders, demonstrating a Sharia-compliant
model that provides actual ownership and risk exposure to asset performance rather than issuer
credit risk (Abdullah 2011). This discussion emphasizes the importance of asset-backed
structures in maintaining Sukuk's genuine adherence to Sharia norms, notably in terms of
ownership and risk-sharing, which distinguishes them from conventional bonds.
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vulnerable to risks such as credit risk, casting doubt on its robustness during economic
downturns.
Additionally, the problem of 'Sukuk holders' ownership of enterprise assets,' as raised by
Yean (2009), highlights the necessity of Shari'ah standards in distinguishing Sukuk from
conventional bonds. The basic principle is that Sukuk holders’ own assets, ensuring that Sukuk
are backed by identifiable, tangible assets throughout its lifetime and that Sukuk holders have
proprietary interests in the financed assets. The data contrasts with traditional bonds in which
ownership is not a key component.
Scholars like Iqbal and Mirakhor (2011) have delved into the theoretical foundations of
Sukuk, emphasizing the significance of Sharia compliance and the equal distribution of risks and
profits. According to the Shariah Board of AAOIFI, Sukuk investors must have rights over the
Sukuk assets, and the assets must be legally transferred from the originator company (Hanefa,
Noguchi, & Muda, 2013). The AAOIFI emphasizes that Sukuk risks and rewards should be
connected to Sukuk assets, promoting the profit-and-risk-sharing model (Iqbal & Mirakhor,
2011). This contrasts sharply with traditional bonds, where the investor's return is often fixed and
unrelated to individual assets.
The requirement for a confirmed transfer of ownership in the manager's books, as well as
the prohibition on keeping assets as the manager's personal property, reinforce the adherence to
Shari'ah standards. The AAOIFI verdict intends to ensure that Sukuk holders can recoup their
investment even if the originator goes bankrupt, emphasizing the asset-backed securitization
premise. Further, East Cameron Partners LP (ECP Sukuk) and Investment Dar case studies show
real-world circumstances in which the nature of Sukuk ownership was called into doubt (Yean,
2009). The ECP Sukuk case emphasized the necessity of a true sale of assets, and the judge's
finding reaffirmed the notion of Sukuk holders' investment based on the transfer of royalty
interest being characterized as a true sale. As an asset based or unsecured Sukuk, the Investment
Dar case demonstrated the potential lack of priority for Sukuk holders over the assets in the event
of default.
The obstacles and constraints encountered in implementing AAOIFI recommendations,
such as those seen in Indonesia, highlight the importance of legal and regulatory support for the
transfer of ownership rights. Furthermore, the topic of Shariah law enforcement in various
countries, as shown in the Beximco case, emphasizes the significance of selecting jurisdictions
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that fit with Shariah principles. Hence, the evidence supplied by Yean (2009) demonstrates how
Sukuk, by requiring asset ownership, corresponds to Shari'ah standards, emphasizing the
principles of profit and risk sharing and distinguishing Sukuk from conventional bonds.
Despite these substantial contributions, there are certain gaps in the literature, particularly
when it comes to addressing the dynamic nature of Sukuk structures and the impact of regulatory
regimes on their performance. Furthermore, disagreements emerge about the designation of
certain Sukuk as true risk-sharing instruments, emphasizing the importance of sophisticated and
up-to-date research. This review tries to fill these gaps by synthesizing material from many
sources and constructing a complete theoretical foundation for later research of Sukuk Islamic
securities (Elfaki, Musa, & Deji 2023)..
This research adopts qualitative and analytical research approach. A literature reviewer may use
quantitative research approaches to synthesize quantitative-based works and qualitative research
approaches to synthesize qualitative-based works (Adenigba & Akorede, 2023). Hence the
philosophical approach on this research is mixed methods. Philosophical approach shows the
belief about the way in which data about the phenomenon is gathered, analysed, and used. It
shows the shared belief systems that influence this kind of knowledge sought and how the
evidence is been interpreted. In this study relevant texts and materials that discuss the subject of
Sukuk were sought and reviewed analytically (Sherifah & Marhanum 2018).
Table 1: The Databases, Journals and Other Sources for this Review Paper
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● Semantic Scholar
Table 4: The Search Process, Quality Assessment, and Geographical Coverage for this Review
Paper
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● Boolean operators like ● The quality of the (Malaysia and
(And, Or) were used to papers was assessed Indonesia) and
refine the searches. based on the depth the Middle
● Iterative refinement to of discussion, East (Saudi
filter out unwanted data methodology, and Arabia, Sudan,
for this review paper relevance to the and Bahrain)
specified focus area
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Table 2: The Inclusion and Exclusion Criteria for the Review Paper
Inclusion Exclusion
The Sukuk Islamic securities literature review provides a complete grasp of numerous theoretical
viewpoints, themes, and issues of Sukuk. The important findings are classified according to
topics, methodology, and other pertinent criteria. The number of papers searched were 34 papers,
and of those 14 papers were selected to be analyzed in the Literature Review section of this
review paper. Further, these 14 papers were highly relevant to the theoretical research of Sukuk
Islamic Securities.
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Abdullah Leslie (2011) examines securitization as well as the differences between asset-based
and asset-backed Sukuk. The significance of differentiating between the two for Sharia
compliance and risk management is emphasized. Tamweel's asset backed Sukuk is used to
demonstrate true ownership and risk exposure to asset performance.
Figure 1 below illustrates the Sukuk enforcement model. The literature discussed in 2.2
examines the difficulties encountered in implementing AAOIFI guidelines in Indonesia.
Furthermore, the Beximco case emphasizes the importance of choosing jurisdictions that adhere
to Sharia principles for successful enforcement.
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Figure 1 : Sukuk enfoncement model
Source : Rattu (2013)
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Figure 2: GCC Issuance trends of USD Denominated Debt and Islamic Compliant Investment
certificates.
Source: GCC Sukuk: A Primer (2023)
Hence, the literature study gives useful insights into Sukuk Islamic securities, stressing the
intricacies, problems, and distinguishing characteristics of Sukuk structures. Shariah compliance,
risk management, and ownership are recurring elements that lead to a more sophisticated
understanding of Sukuk as a unique financial instrument. The observed gaps in the literature
indicate future study directions to address the dynamic character of Sukuk structures and the
regulatory influence on their performance.
The extensive theoretical research on Sukuk Islamic securities demonstrates the
expanding global importance of Islamic finance. Scholars have investigated many aspects of
Sukuk, emphasizing its distinctive features based on Sharia norms, including risk-sharing and
asset backing. Aleshaikh, Nourah, and Mohammad (2016) investigate concerns to recent Sukuk
issuances, emphasizing the significance of Sharia compliance while reducing agency costs. The
report promotes the concept of co-ownership to reduce agency costs and properly allocate risk,
underlining the difficulty of conforming to AAOIFI Shariah standards. The findings emphasize
the need for actual ownership in Sukuk structures, as well as Sharia compliance and rigorous risk
management for Sukuk's integrity and competitiveness in comparison to conventional bonds.
Furthermore, the discussion on securitization and asset-backed Sukuk by Abdullah Leslie
(2011) highlights the necessity of distinguishing between asset-based and asset-backed Sukuk for
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Sharia compliance and risk management. Asset-backed Sukuk, which involves the selling of
underlying assets, adheres to Sharia principles of ownership and risk-sharing, separating it from
traditional bonds. Tamweel's asset-backed Sukuk is highlighted as a Sharia-compliant strategy in
the report, emphasizing the importance of true ownership and risk exposure to asset
performance.
In contrast, Muhamed and Radzi (2011) discuss concerns and obstacles in Sukuk
issuance, demonstrating the influence of the 2008 global economic crisis on the Sukuk market.
The drop in issuance has been linked to a variety of issues, including economic downturns,
falling oil prices, and decreased investor confidence. The study emphasizes that, despite their
unique characteristics, Sukuk are vulnerable to hazards such as credit risk, casting doubt on the
premise that they are immune to global crises.
Finally, Yean's (2009) investigation of Shari'ah-related issues in Sukuk ownership
emphasizes the importance of conforming to Shari'ah norms to distinguish Sukuk from
conventional bonds. The AAOIFI's emphasis on confirmed asset ownership, transfer of
ownership, and asset retention by managers ensures Shari'ah compliance. Real-world examples,
such as the ECP Sukuk and Investment Dar, highlight the need of a real sale of assets and the
probable lack of priority for Sukuk holders in the event of default, strengthening asset-backed
securitization principles.
Despite these contributions (table 5), there are gaps in the literature, especially regarding
the dynamic nature of Sukuk structures and the impact of regulatory regimes. Disagreements
continue about the classification of certain Sukuk as actual risk-sharing instruments. Future study
should fill these gaps to provide a more nuanced knowledge of Islamic assets such as Sukuk.
Overall, the literature emphasizes the significance of Sharia compliance, true ownership, and
good risk management for Sukuk's legitimacy and competitiveness in the global financial scene.
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Table 5: Themes that are Presented in the Review Paper
Themes
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While these studies have made significant contributions, there are still gaps in the literature,
particularly concerning the dynamic nature of Sukuk structures and the impact of regulatory
regimes. Disagreements concerning the designation of certain Sukuk as genuine risk-sharing
instruments should also be investigated further. Future study should fill these gaps, allowing for
a more detailed understanding of Islamic assets such as Sukuk. In practice, these findings
provide useful insights for policymakers, practitioners, and researchers working in the field of
Islamic finance.
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