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Zawya Sukuk Monitor Sukuk Insight
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August 2010 | Print | Email to a friend

Trends in taxing Shariah Structures

Kevin
Conway

Partner
King & Spalding
Markus Krismanek
Associate
King & Spalding
John
Taylor

Counsel
King & Spalding
Introduction

The slightly altered words of Shakespeare "we know where we are, but we know not where we may be" may be self evident in many spheres of life. However the words are certainly very apt when one looks at the changes that have been made to the tax laws in various jurisdictions to facilitate Shari'ah compliant financing.

In this article we have a bird's eye look at how Shari'ah compliant financing in the UK, US, Germany, Luxembourg and Ireland have been/will be facilitated in the future and are attractive for Shari'ah compliant investors in making their real estate or private equity investments, in or through such jurisdictions.

Why worry about Tax?

Tax can be an inhibition to Shari'ah compliant financing because various jurisdictions' tax codes have not been designed with Shari'ah compliant structures in mind. However, the UK, French, Luxembourg and Irish Governments have amended or clarified their tax codes in order to facilitate Shari'ah compliant financing.

What are different jurisdictions doing? Read Full Story

The need for Shariah standardisation in Sukuk issuance

Ijlal Ahmed Alvi
CEO, International Islamic Financial Market
in collaboration with
Dr. Ahmad Rufai Muhammad
Head of Shariah
As Islamic finance has grown, differences in rulings on whether or not products are Shariah compliant have surfaced. Although Shariah interpretations and applications are similar, this does not always translate into unified documentation and unified application. Conformity amongst the Shariah supervisory boards of Islamic financial institutions is needed. We believe that standardisation of certain structures and contracts is necessary in order to avoid inconsistencies between different Fatwa rulings and their application by Islamic financial institutions regionally and globally.

The existence of a unified Shariah board through a council representing different Islamic schools of thought worldwide is necessary as this would facilitate the conformity of certain existing wider market product structures such as Sukuk. Sukuk are a vital mechanism for raising money in the financial markets. Hence, continuous improvement of the functions of Shariah boards to achieve a global standard for Sukuk is essential because lack of standardisation in the Sukuk area is a contributory factor to low issuance levels. Moreover, the present financial crisis has raised a number of structural issues in Sukuk such as transfer of ownership and the Sukuk holder's ability to have direct control over the assets in case of default. Read Full Story


For more on Sukuk from Zawya, please visit our Sukuk Monitor.

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