There are various types of Islamic commercial law, however, the objective of this paper only focus in the contract of partnership or equity financing which are Sukuk Al-Musharakah and Sukuk Al-Mudharabah and application analysis for WAQF. The research of these two types of contract begins with the definition of the contract, contract conditions, similarities and differences.
They use it to increase their capacity for financing operations and thereby increase profit for the shareholders. There are two main bases of mobilisation of deposits by Islamic banks that are Current account deposits and Savings deposits.
Banks may also get permanent or redeemable equity capital through investment deposits that practically take the form of a running partnership between the depositors.
The contractual agreement between depositors and Islamic banks does not pre-determine any rates of return, it only sets the ratio according to which profits and losses are distributed between the parties to the deposit contract. In the first type, interest-free deposits are held by the banks either in trust Amanahor in safe-keeping Wadiah.
Under Amanah arrangement, the Islamic bank treats the funds as a trust and cannot use these funds for its operations; it does not guarantee the refund of the deposit in case of any damage or loss to the Amanah resulting from circumstances beyond its control.
Deposits under Wadiah take the form of loans from depositors to Islamic banks and the bank guarantees refund of the entire amount of the deposit.
However, depositors, at the bank's discretion, may be rewarded with a Hibah provided such gifts do not become a custom or a permanent practice. In the second type, the client gives the bank authority to use current accounts funds to invest in its operations, in that case, the deposit amount is considered as a non-interest loan by the depositor to the bank.
The bank has the obligation of to return the credit balance upon demand clients who have no right to receive any profit on their balances. Savings deposit accounts operate in a different way.
Generally, deposits in savings accounts are accepted by Islamic banks on the basis of Mudarabah where the depositor is rabb-ul-mal investor and the bank is the Mudarib fund manager.
The profit will be shared as per a pre-determined ratio upon, while loss will be borne by the rabb-ul-mal. Profit distribution amongst the depositors and the shareholders will be made according to the weightage assigned usually at the beginning of each month to their investments.
Savings deposits are generally paced in a joint investment pool with other deposits mobilised by the Islamic banks. Investment deposits are accepted for a fixed period of time or term and are governed by the Mudarabah contract with the bank. When deposits are for an agreed fixed term no withdrawal is normally allowed until the end of the deposit term.
However, some banks are allowing early withdrawals in an agreed notice period. Term deposits are arrangement where depositors seek some return on their investments; they are taken on a Mudarabah basis. All direct expenses are charged to the respective pools; the net proceeds are distributed between the bank and the pools and then among the depositors represented by the pool.
The profits from the assets are shared between the depositors and the bank according to a pre-determined ratio agreed upon at the outset. The profit sharing weightages are assigned based on the various tenures and the amount invested under the arrangement.
And as required under Mudarabah, depositors have to be informed in advance of the formula used for sharing the net earnings of the investment pool with the bank. In case of the unlikely event of loss, the depositors have to bear the loss on a pro-rata basis while bank goes un-rewarded for all its efforts.
If a bank contributes its equity capital in a pool at the time of setting up an investment pool, the relationship will be a combination of Musharakah and Mudarabah, and the bank would be entitled to a proportionate profit on its own investment in relation to the total Mudarabah investment pool.
Islamic banks can also open may announce Murabaha and leasing funds in which the risk-averse investors may purchase units and be treated as rabb-ul-mal and get the quasi fixed-return from profits or rentals earned by the respective funds from the trading and leasing activities. Current account deposits There are two main types of account which are commonly known in the Islamic Banks that are: Current Account and Investment account.
Similarly, the current account, as operated by conventional banks, is essentially a safekeeping arrangement between the depositors and the bank, which allows the depositors to withdraw their money at any time and permits the bank to use the depositors' money.
However, deposits in these banks have their principal guaranteed, and they may agree to pay a return on the deposits that is either fixed or floating, but not linked with the outcome of their economic activities.
The mobilised funds are freely used by the banks and are totally liable for their repayment even if the banks incur a loss. In the case of Islamic banks, current account deposits can be categorised as loans.
Hence, if there is any profit resulting from the employment of these funds, it accrues to the bank and if there is any loss, it is also borne by the bank.Benefits of using repayment calculator for home loan.
Using the home loan calculator for checking your loan repayment plan and other related details, is a great way to ensure that you are well-informed and aware of all the related aspects of the loan before you decide to get your hands on one.
Main types of Islamic Financial Instruments are: Sukuk Islamic mortgage-Backed Securities (MBS) Musharakah Sukuk (Cont) Public corporations, municipalities and non – Benefits Of Gharzulhasan securities Governments and charitable institutions can use.
Sukuk benefits and its essential infrastructure for developing Sukuk market. Monday, 05 November In all societies, there is some group of owner’s funds and cash savings who don’t have any desire or ability to invest directly in profitable economic activities.
About Us. ACD is a New York-based (c)(3) not-for-profit organization, which monitors and exposes the enemies of freedom and their modus operandi, and .
advantages of issuing sovereign sukuk. Using a sample of sovereign sukuk and eurobonds from the same issuer, the authors estimate and compare value-at-risk (VaR) for a diversification benefits for investors.
However, Godlewski, Turk-Ariss and Weill  take an opposing view, suggesting. However, following on from the AAOIFI Statement criticising the use of purchase undertakings in sukuk al-musharaka structures (as further discussed below under the heading “AAOIFI’s Statement of ”), the popularity of this structure has declined in recent times.