A) The deal on paper : a plain vanilla Murabaha Facility
The above inserted graphic reflects the most used practice of the Murabaha-to-the-Purchase-Order. The reader will be familiar with this.
The Base Prospectus stipulates repeatedly: " whereby the Trustee will, at the request of GSI, use the proceeds of the issuance of the Series to purchase certain commodities from a third party Seller on immediate delivery and immediate payment terms and will immediately sell such commodities to the GSI on immediate delivery terms but with payment on a deferred basis." And further Mr. Asim Khan - MD and head of structuring for Dar Al Istithmar - stated that the paperwork "clearly shows that Trustee, as seller, sells the commodity to GSI, as purchaser. Thats it...." and further that: "Once the commodity is sold to GSI, its then at GSIs discretion to do what it wants to with the commodity". This looks like a plain, even boring Murabaha Facility. Yawn
Mr. Khan further states that: "the legal documents ... have been reviewed and approved by leading scholars in the Islamic finance industry ..." and suggests that Mr. Mohammed Khnifer did not fully read or grasp the contents of the available documentation. It is however clear that Mr. Khnifer did read the documentation sufficiently and that he did grasp the implications thereof very well. Actually, Mr. Khnifer voices a concern of a not unimportant part of the industry.
Simple review of legal documentation is hardly convincing. One must go have a look at the intentions of the parties concerned and their factual behavior. It was this look that originated the 'Tawarruq-debate' in the first place.
(Source) or (rest of story hereunder) (softcopy available on demand)
Showing posts with label tawarruq. Show all posts
Showing posts with label tawarruq. Show all posts
Friday, February 24, 2012
Wednesday, January 04, 2012
INDONESIA - AWARDS - IFN Deals of the Year 2011
Commodity Murabaha USD 183 million - TH Indo Plantations Tawarruq applied to refinance shareholder advances from Tabung Haji. The cross-border transaction involves funding properties in Indonesia and addressing local regulations and language requirements.
Trade Finance : Natrindo Telepon Selular (Axis Indonesia) Financing : The winner is the complex and well structured Natrindo Telepon Selular (Axis Indonesia). This was the largest private sector financing in Indonesia in 2011 and first Islamic financing involving China Development Bank supporting the procurement of product and civil works services from Huawei Technologies Company for USD 400 million. The deal also included a USD 450 million syndicated Murabaha and a USD 350 million equipment purchase from Ericsson funded by AB Svensk Eksportkredit and backed by EKN Sweden's export credit agency. The transaction also included a political risk guarantee from the World Bank Groups' Multilateral Investment Guarantee Agency.
Country Winner: Perusahaan Penerbit SBSN Indonesia II USD 1 billion Trust Certificate Issuance : Indonesia'sUSD 1 billion issuance via Perusahaan Penerbit SBSN Indonesia II represented Indonesia's return to the capital markets with a better credit rating, better pricing and a bigger size. (honorable mention for the Natrindo Telepon Selular (Axis Indonesia).
Source : www.islamicfinancenews.com
Tuesday, November 15, 2011
INDONESIA - TRADE FINANCE - Move towards more trade between MENA and East Asia
A number of new initiatives
have given Islamic trade finance and export credit insurance a major
boost. MUSHTAK PARKER explains Trade facilitation between member
countries of the Organisation of Islamic Cooperation (OIC), especially
the Middle East and North Africa (MENA) states, and an increased role
for Islamic trade finance and export credit insurance, is set for a
major boost. This is due to the launching of several new initiatives and
the fact that the stated target for intra-Islamic trade of 20 per cent
of the total trade of OIC countries has been achieved. (source)
Labels:
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lme,
mui,
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Friday, November 04, 2011
INDONESIA - LIQUIDITY MANAGEMENT - Council OK's Islamic Commodities as Money Market Instruments
JAKARTA (IFT) – Bank Indonesia has obtained an approval from National
Shariah Council – Indonesian Council of Ulema (DSN-MUI) to use Islamic
commodities as one of the instruments for Islamic Interbank Money Market
(PUAS). Currently, Bank Indonesia is preparing the regulation
concerning the use of Islamic commodities as an instrument for PUAS. (source)
Monday, August 08, 2011
INDONESIA - REGULATIONS - DSN MUI issues Fatwa on Sharia Commodity Futures Exchange
REPUBLIKA.CO.ID, JAKARTA - The National Islamic Council of Indonesia Ulama Council (MUI DSN) inaugurated the Islamic fatwa commodity futures exchanges. This is in line with the new DSN MUI fatwa issued number 82 year 2011 about commodity futures exchange mechanism based on Islamic principles.
According to members of the DSN MUI, Agustianto Mingka, DSN MUI fatwa was issued due to public demand on the covenant requirements of sharia-compliant commodity exchanges. "The goal is to provide a choice of money market transactions," he told Reuters. (source)
According to members of the DSN MUI, Agustianto Mingka, DSN MUI fatwa was issued due to public demand on the covenant requirements of sharia-compliant commodity exchanges. "The goal is to provide a choice of money market transactions," he told Reuters. (source)
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tawarruq
Tuesday, July 26, 2011
INDONESIA - REGULATIONS - Finished end of this year, Fatwa will rename Tawarruq
REPUBLIKA.CO.ID, JAKARTA - The National Islamic Council of Indonesia Ulama Council (DSN MUI) fatwa about tawaruk admitted hoped could be completed this year. However, there will be significant changes, especially of the terms used. (source)
Tuesday, December 28, 2010
MALAYSIA - FINANCE - 2010 Stronger global Islamic finance hub status
The highlight of the achievements in the local Islamic finance sector last year (2010) has to be the recognition given to Bank Negara Governor Tan Sri Dr Zeti Akhtar Aziz locally and abroad.
Zeti was the first woman recipient, in 24 years, of the national-level Ma'al Hijrah award. She was recognised for helping pull the country out of the 1998 financial crisis, making Malaysia a financial hub and implementing Islamic banking.
Wednesday, September 22, 2010
PUBLICATIONS - FIQH - ISRA - new titles
New titles :
Reshaping the Islamic Finance Industry Applying the Lessons Learnt from the Global Financial Crisis (No 11/2010) - Rafe Haneef, Research Fellow, ISRA & Edib Smolo, Researcher, ISRA
The Issue of sequence and Pre-Signingin Contract Execution : A Comparison of Shari'ah Rules and Current Practice (No 12/2010) - Assoc. Prof. Dr. Asmadi Mohamed Naim, Islamic Finance and Banking Unit, College of Business, Universiti Utara Malaysia (UUM)
Can Bursa Malaysia’s Suq al-Sila’ (Commodity Murabahah House) Resolve the Controversy over Tawarruq? (No 10/2010) - Assoc. Prof. Dr. Asyraf Wajdi Dusuki, Head of Research Affairs Department, ISRA
Reshaping the Islamic Finance Industry Applying the Lessons Learnt from the Global Financial Crisis (No 11/2010) - Rafe Haneef, Research Fellow, ISRA & Edib Smolo, Researcher, ISRA
The Issue of sequence and Pre-Signingin Contract Execution : A Comparison of Shari'ah Rules and Current Practice (No 12/2010) - Assoc. Prof. Dr. Asmadi Mohamed Naim, Islamic Finance and Banking Unit, College of Business, Universiti Utara Malaysia (UUM)
Can Bursa Malaysia’s Suq al-Sila’ (Commodity Murabahah House) Resolve the Controversy over Tawarruq? (No 10/2010) - Assoc. Prof. Dr. Asyraf Wajdi Dusuki, Head of Research Affairs Department, ISRA
Labels:
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fiqh academy,
global financial crisis,
haneef,
isra,
naimm dusuki,
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suq al-sila,
tawarruq
Thursday, September 16, 2010
BANKING - TAWARRUQ - Tawarruq in Islamic banking is usury: IDB - ongoing controversy
Islamic banks which enforce Tawarruq in their financial and investment operations are involved in usury, which is prohibited in Islam, a senior scholar from the Islamic Development Bank (IDB) has said.
Sheikh Mohammed Mukhtar Al Salami, Head of the Sharia (Islamic) Panel in the Jeddah-based IDB, said many Islamic banks have been involved in such an investment tool in the Islamic banking industry.
Sheikh Mohammed Mukhtar Al Salami, Head of the Sharia (Islamic) Panel in the Jeddah-based IDB, said many Islamic banks have been involved in such an investment tool in the Islamic banking industry.
Thursday, August 26, 2010
ISLAMIC LAW - Tawarruq: Shariah Risk or Banking Conundrum?
| www.opalesque.com |
Source : http://www.opalesque.com/OIFI12/Featured_Structure_Tawarruq_Shariah_Risk_or_Banking679.html - July 3, 2009
Labels:
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firoozye,
hassan,
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opalesque,
salman,
tawarruq
ISLAMIC LAW - Organised tawarruq valid under Shariah : Nazim Yakubi
published 28.07.2009
The use of the organised tawarruq financing structure does not contradict Islamic law, prominent scholar Sheikh Nizam Yaquby said, disagreeing with a Saudi-based ruling to the contrary, reports Reuters.
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