Abstract:

This paper critically evaluates the practice of partnership-based or equity-based sukuk (Islamic bonds) structure in light of the problem concerning default. The study focuses on the debt characteristics built into the equity structure before and after the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) announcement in 2008. A closer examination the structure of two musharakah (joint venture) sukuk that practice in the market has demonstrated „why‟ sukuk are experiencing default situations. While ideally the element of risk avoidance and profit-sharing should present in the structure, due to market presssure, these structural features practically turned the equity-based profit-and-losssharing arrangements into fixed-income instruments. Ultimately, the structure that should practice „no concept of fixed obligation‟ has in fact defaulted on its obligations. Keywords: Sukuk (Islamic Bonds), Shariah (Islamic Law), Default, Profit-sharing, Musharakah (Joint venture).

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