Muzara’ Sukuk (Farm-letting Sukuk)

Muzara' Sukuk are the securities that are designed based on Muzara' contracts. The issuer of Muzara' Sukuk transfers the Sukuk and collects the money paid by the applicants of these Sukuk and then purchases arable lands using this money. It then transfers these lands to horticulturists on behalf of the owners of Sukuk and based on the Muzara' contract so that they work on them. The harvest will be distributed at the end of cultivation year. In Muzara' Sukuk, the owners play the role of landowners, the issuer has the role of the owners' attorney, and the horticulturist has the role of agent (farmer) in the Muzara' Sukuk. Muzara' Sukuk are the deeds of joint ownership of Sukuk-owners of certain arable lands.
Muzara', as a term, refers to a contract by which one of the parties gives a piece of arable land for a certain period of time to another party so that he works on it and then the harvest will be distributed among them as stated in the agreement. Muzara' contracts do not have any conditions saying that the landholder must personally own the land, thus the attorney of the owner or a person who has rented the profits of the land for a number of years could transfer the land to the agent (farmer) on a Muzara' contract. Similar successful financial instruments could be designed based on Musaqah contracts, similar to Muzara' contracts, and be used in the Islamic capital market.

Musharakah Sukuk

Another financial instrument that could be used in the Islamic capital markets is Musharakah Sukuk, which is issued based on corporation contracts.
Definition of Musharakah Sukuk: they are the deeds that are indicative of the ownership of the holder of an actual asset that belongs to the government, or corporative and private companies. Until the maturity of the Sukuk, any changes in price of the asset will affect the owners of Musharakah Sukuk.

Manfa’ah Sukuk (Usufructs Sukuk)

Another type of securities that have been proposed in the Islamic financial markets to fill in the gap resulting from elimination of bonds is the Manfa'ah Sukuk as they could be designed based on Shariah-compliant contracts and contribute to the quality and quantity development of the financial market.
Definition of Manfa'ah Sukuk: they are valuable financial deeds that are indicative of the ownership of the holder on certain services or future profits of a durable asset. This ownership is given to the holder in exchange of a certain amount of money. Examples are certificate of accommodation at a hotel for a certain day, the right of using educational services of a university for a particular semester or year, right of using one hour of air travel to a particular destination, right of using the Hajj or Omrah services for a particular year.

Mudraraba Sukuk

Mudraraba is a word meaning having trade with the capital provided by another party. As a term, it refers to a situation in which one person (owner) gives an asset (capital) to another party (agent) and obtains a certain share of the return of the capital. The return of Mudraraba Sukuk absolutely depends on the profit of that commercial activity.
Although the profit of commercial activities could be predicted to a certain degree, but in practice, it depends on a variety of different factors that might go in opposition to the forecast. As a result, the return of these Sukuk a variable and is only definite at the end of the financial period.

Shi'a scholars, in contract to Sunni scholars, limit Mudraraba contracts to commerce, and thus this type of contract in Iran is only signed with regard to commercial activities.

Different kinds of Mudraraba Sukuk:
1. Special Mudraraba Sukuk: are offered for special commercial activities and the return will be divided after the end of that activity.
2. Public Mudraraba Sukuk with maturity dates: in these Sukuk, the originator issues securities with certain maturity dates (e.g three or five years) and with certain financial periods (e.g. three, six or twelve months) and embarks on trading using the obtained capital. In such cases, no certain activity is usually determined for the originator.
3. Public Mudraraba Sukuk without maturity dates: with regard to activity and payment of return, these Sukuk work the same the Public Mudraraba Sukuk with maturity dates, the only difference is that they do not have a maturity date and will be valid until sequestration of the Sukuk. The profits will be paid at each financial period.

Murabahah Sukuk

One of Bai' contracts is Murabahah Bai' that has been common since the olden years. It means a Bai' in which the seller informs the purchaser of the total price of goods, including the purchase price, transport and maintenance costs and other associated costs. It then requests an amount of money or an extra percentage as profit. For instance it announced that it has purchased a product for one thousand Dollars and it is willing to sell it to the customer for one thousand and one hundred Dollars or with 10% profit. In Murabahah Bai', if the seller lies about the purchase price or the associated costs, the customer would be able to cancel the contract. Murabahah Bai' could be signed both in cash or installments. Installments usually have higher profit rates.
Some Muslim scholars have recently designed Murabahah Sukuk, taking advantage of the features of Bai' Murabahah. In some Islamic countries, such as Malaysia, they are being presented as Islamic bonds.

Definition of Murabahah Sukuk:
It is difficult to provide a comprehensive and exact definition of this type of Sukuk as there are different types of Murabahah Sukuk available. However, it could be said that on the whole, they are securities that the owners (religiously) jointly own a financial asset that has been obtained through a Murabahah contract. The holder of Sukuk is the owner and the creditor is the religion. These securities have fixed return and could be sold at the secondary markets.

Different kinds of Murabahah Sukuk:
Different types of Murabahah Sukuk have been proposed and some are being used. The most significant ones are:
1. Supply Murabahah Sukuk
2. Supply Murabahah Sukuk
3. Murabahah Sukuk for formation of capital of commercial corporations
4. Mortage Murabahah Sukuk

Secondary Market of Murabahah Sukuk
All different kinds of Murabahah Sukuk are profit financial instruments with fixed returns. On this basis, it could be said that it could cover the objectives and tastes of an important groups of owners of extra funds that aim to have riskless investments. As a result, if they do not have any jurisdiction problems, they could be sold and purchased in the secondary markets. In the first, second and fourth type of Murabahah Sukuk, the holder actually owns a financial deed with a definite maturity. Therefore, with regard to its reduction rate, it could be sold with a lower price to a third party (purchaser). The difference of purchase price and face value of the Sukuk will be the return of the investment in Murabahah Sukuk for the purchaser and it will have a fixed rate. In fact, in the third type of Murabahah Sukuk, the holder of the securities is a joint owner of some part of the assets of the issuer of securities (i.e. commercial corporation). Selling the Sukuk, it will transfer its ownership of that joint asset. The purchaser will then become of owner of the asset and consequently, the receiver of the return of the issuer from trading the Murabahah trade. This rate is also almost fixed.

Ijarah Sukuk

One of the most significant types of Sukuk, is Ijara Sukuk, which in fact refers to the securities in which the owner, jointly, owns some part of the assets the profits of which has been transferred to the consumer or the originator according to the Ijara contract. In Ijara Sukuk the right of using the profits of the assets or a series of assets is transferred from the owner to another party in exchange for the payment of the rent.
The tenure of Ijara contract is definite and the rent could be paid at the beginning or end of the period or at monthly, quarterly, or annual maturity dates. Since Ijara Sukuk are the securities that are indicative of joint ownership, they could be traded at secondary markets and with a price that is determined by market agents.

Interest-free Sukuk (Qarzul-Hassaneh)

Definition of Interest-free Sukuk: Interest-free Sukuk are the securities that are issued based on interest-free loan agreements, on the basis of which the issuer owes equal to the face value of the Sukuk to the owners of Sukuk and needs to pay the debt by the maturity date.
Nature of Interest-free Sukuk:
Governments and well-known charity organizations could use Interest-free Sukuk in order to carry out the projects that are in the interest of the public or in order to establish a relationship between the owners of charity funds, who aim to give part of their fund to those in need in form of interest-free aides. Thus the applicants of Interest-free loans could use the financial instruments of Interest-free Sukuk. In other words, the government or charity organizations could issue Interest-free Sukuk with certain maturity dates and collect the extra funds available to charity workers and invest them in certain investment projects or directly give to those in need of Interest-free loans through Interest-free funds or banks. Then, they will pay off the matured Interest-free Sukuk through the annual budget or through collecting the installments on Interest-free loans.

sukuk in Iran Capital Market

Various debt securities are traded in the Iranian capital market including general Murabahah, Islamic treasury, Musharakah, SPV securities, productive credit certificates and Salaf which are all shariah compliant.
In the Iranian Capital Market it is common that the word "sukuk" is used for the financial instruments issued by SPVs, such as: Ijarah, Murabahah, Manfaah, Istisna, mortgaged-backed and asset-backed
Sukuk.
According to the Guidelines for SPVs' Activities, ratified by the Securities and Exchange High Council of Iran, the only entity authorized to establish and manage SPVs in the Iranian Capital Market is the Capital Market Central Asset Management Company.

Sukuk Definition and History

Historical background of Islamic instruments

The financial market is divided into money and capital markets; as a result, the financial instruments applied in these markets are divided into two groups of money market instruments and capital market instruments.

The first idea of Islamic financial instruments was raised in the mid 1970s, when the first Islamic banks in countries such as, Egypt, Saudi Arabia and Sudan made their debut and afterwards Islamic banking was established in Pakistan and Iran, too, which mainly focused on Riba-free banking.

In line with the development of transactions structures by the Islamic banks, the idea of Islamic financial instruments was also improved in the capital market.

The idea of issuing Ijarah certificates as the first Islamic financial instrument was brought up by Dr. Monzar kahf in 1997. Kahf considers the international sukuk issuances of Malaysia and Bahrain in 1999, as the debut of Islamic financial instruments.

Sukuk Definition

The term of “sukuk” for Islamic financial instruments was first suggested by jurisprudence committee of Islamic Development Bank in 2002. “Sukuk” is an Arabic word and plural of “sakk”, which means “cheque” in Persian or script of property ownership. Juridical standard No. 17 of accounting & auditing organization of Islamic financial Institution, have defined Sukuk as: "The certificate with equal nominal value after underwriting operation, confirms the payment of forenamed nominal sum in certificate by purchaser to publisher and their holder will become owner of one or more assets, the profit of assets or beneficiary of a project or a specific investments activity".

Differences between sukuk and the conventional bonds

 

Conventional Bonds

Sukuk

Asset ownership

Bonds don’t give the investor a share of ownership in the asset, project, business, or joint venture they support. They’re a debt obligation from the issuer to the bond holder.

Sukuk give the investor partial ownership in the asset on which the sukuk are based.

Investment criteria

Generally, bonds can be used to finance any asset, project, business, or joint venture that complies with local legislation.

The asset on which sukuk are based must be sharia-compliant.

Issue unit

Each bond represents a share of debt.

Each sukuk represents a share of the underlying asset.

Issue price

The face value of a bond price is based on the issuer’s credit worthiness (including its rating).

The face value of sukuk is based on the market value of the underlying asset.

Investment rewards and risks

Bond holders receive regularly scheduled (and often fixed rate) interest payments for the life of the bond, and their principal is guaranteed to be returned at the bond’s maturity date.

Sukuk holders receive a share of profits from the underlying asset (and accept a share of any loss incurred).

Effects of costs

Bond holders generally aren’t affected by costs related to the asset, project, business, or joint venture they support. The performance of the underlying asset doesn’t affect investor rewards.

Sukuk holders are affected by costs related to the underlying asset. Higher costs may translate to lower investor profits and vice versa.

 There are several benefits in sukuk. According to some authorities, sukuk is considered as a bridge between money market and capital market. Major advantages of sukuk are as the followings:

  • It increases the originator’s liquidity
  • Sukuk can be used by corporates to achieve an optimum balance between debt and equity on their balance sheet.
  • Although a part of originator’s assets is isolated, he can still use it.
  • Since sukuk are issued based on assets, they reduces the risks and funding costs.
  • It affects the capital market development by changing the assets to securities (securitization)
  • Sukuk are tradable in secondary markets.

Sukuk background in Iran

SPVs Involved Sukuk Issuances in Iran Capital Market

The history of Islamic securities Issuance in Iran dates back to 1994 when Tehran Municipality issued 43 million USD participation paper (named as Musharakah Securities). The Law for the Issuance of Participation Papers was enacted by Iran’s Parliament in 1997.

Before passing The Securities Market Act (SMA) of the Islamic Republic of Iran in 2005, financial instruments in the Iranian capital market were restricted to only common stocks, share rights, depository receipts, and participation papers. Since enactment of the SMA in 2005 and The Law for Development of New Financial Instruments and Institutions in 2009, dramatic changes have taken place in the Iranian capital market such as establishing the Securities and Exchange Organization (SEO) as the sole regulatory and supervisory authority to the market, establishment of Shariah Board of the SEO as an unified and independent shariah governance body, establishment of new financial institutions and issuance of new financial instruments, to name but a few. The ratification of different kinds of Sukuk (such as Ijarah, Murabaha, Istisna, Standard Parallel Salam, Manfa’ah (Usufruct), mortgage-backed, and Asset Backed sukuk by the Shariah Board, has made them prominent and dominant instruments for financing and investing. In essence, Sukuks have been used, applying different underlying assets such as tangible assets and financial assets (like stock as underlying assets of Ijarah Sukuk) to finance public and private sectors.

Fixed Income Sukuk in Iran Capital Market - Firsts:

2011, first ijarah sukuk was issued to raise funds for Mahan Air,

 2013, first Murabaha sukuk was issued to raise funds for Industrial Group of Boutan

 2015, first and only Istisna’ sukuk was issued to raise funds for National Industries and Mining Development Company

 2016, first Mortgage backed sukuk was issued to raise funds for Maskan Bank

 2018, first Ijarah sukuk with stocks as the underlying asset was issued to raise funds for The Social Security Investment Co.

 2018, first stock collateralization as guarantee for sukuk was applied for The Social Security Investment Co.

 2019, first Manfa’ah sukuk was issued to raise funds for Saba Arvand Oil and Gas Development Co.

 2019, first Asset Backed sukuk was issued to raise funds for MaskanJonoub Investment Co.

 2020, first credit rated sukuk was issued to raise funds for Mehr Ayandegan Financial Development Group.

 2023, first Murabaha sukuk in order to purchase stocks was issued to raise funds for Shahr Financial Group.

Besides issuing Sukuk in the capital market, there are some other Islamic instruments in the market such as Islamic Treasury Bills issued by the government to settle its debts to contractors. Actually, the government gives securities (called Islamic Treasury Bill) to contractors, whose amount equals what the government owes. Contractors can either hold them to maturity (at most for one year) or can sell it at discount in the secondary market. Contractors must not be part of the government (or affiliated to the government).

Although the Iranian Islamic Capital Market is dominated by the issuance of stock and Sukuk, there are always innovative ways to foster its development. Using Islamic contracts or combination of contracts to resolve needs of the market has emerged from the interaction between the SEO and the Shariah Board.

As an untapped market, the Iranian Islamic Capital Market enjoys plenty of unique potential to rival other Islamic markets in terms of diversity, depth, and return. Our market is promising for the entire Muslim and non-Muslim investors around the world to have a safe, secure, and high-yielding investment.

Message of the CEO

صدرایی

Organizations, companies and institutes need financial sources for establishment, mobilization and development of their businesses. In common financial markets, various financial instruments are designed to provide such sources, based on which, those financial organizations have started their businesses. Considering the rejection of some common financing instruments, especially debt instruments like bonds, Muslim scholars decided to design Islamic financial instruments, to achieve this goal, they had vast studies on Shariah contracts and their capability of making instruments. The aim of this process was to develop new instruments called “Islamic securities or Sukuk”. According to the notification of general policies of 44th norm in constitutional law of Islamic Republic of Iran on May 22, 2005- which observes financial growth and development of the country and growth of private organization’s role in economics- appliance and development of Islamic financing instruments can led to the growth and development of infrastructural activities of the country: industry, production, exports, services and etc. It can be a link between investors and economical institutes needing financial sources. In the other hand it can be an alternative in investment to have yields proportional to the risks taken. On this basis Central Asset Management Company was established as one of the fundamental poles in issuance of Islamic securities or Sukuk on August 2, 2010 in order to establish, control and guide SPVs. Since the establishment up to now, Central Asset Management Company has been issuance administrator of different types of Sukuk in Iran stock market. It is hoped that Central Asset Management Company would operate efficiently in order to develop new financial instruments compatible with Shariah Laws and help Islamic Republic of Iran with its economical goals.

Mohammad Hosein Sadraie

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