Known as "Murabaha" and considered as the most common finance tool as a clear practical solution for buying different goods. The bank buys the product requested by the client from supplier, then, resells it to the client for installments after adding the profit of the bank to the gross selling price. The parties of "Murabaha" are three: Seller, Buyer and The Bank.
- "Murabaha" Contract Basis
"Murabaha" contract depends on two factors, promise "Wa'd" and credit sale. The client promises to buy a specific commodity and he will be committed to fulfill his promise, where the bank sells the commodity to the client in credit according to his promise.
- As an example, if a client wants to purchase a car worth 20,000 USD, the process will be as follows:
- The client should get a price quotation from the cars agency for 20,000 USD value and present it to the bank.
- The client promises the bank to buy the car for 24,000 USD and repay its value by monthly installments for 5 years according to credit sales formula.
Known as "Mosawamah", it's similar to "Murabaha" with main difference that the bank doesn’t disclose the price it paid to product supplier. The bank chooses this type of contracts when commodity cost cannot be disclosed for any reason.
In lease to own service, the client pays specific amount of money monthly for utilizing a specific product for a specific period of time. At the end of the leasing term, the client has the right to return the product or own it by paying its market value on that time or to take the product as a gift taking in consideration the amounts paid during leasing period. Parties of "Ijarah" contract are lessor, bank and lessee.
Basis of "Ijarah" Contract
This tool is a mix of "Sharea’a" contracts consists of buying promise from the client, credit sale contract from the bank and a promise from the bank to sell or give as a gift at the end of the period, in addition to Sale or Gift contract at the end of the period.
For example, when a client wants to lease a car for 15,000 USD using "Ijarah", he/she will get a price quotation from the car owner and deliver it to the bank. The client promises the bank to lease the car paying determined monthly lease for 5 years.
The bank buys the car from the owner and pays its value in cash.
The bank leases the car to the client according to agreed monthly installments and determined period.
At the end of leasing period the bank sends a quotation to the client to buy the car. If the bank promised to transfer the car ownership to the client, then the bank is committed to fulfill its promise as the client has paid all payments.
- This tool helps to fulfill a necessity in construction sector. It consists of two inseparable contracts as follows:
- "Istesna’a" contract between the bank and the client who is willing to build special building according to determined specifications and determined construction period.
- "Contracting" contract between the bank and the contractor to build the same building according to same specifications. The delivery time should be prior to the date determined in the contract between the client and the bank. Accordingly, the bank will get its profit from the difference between the values of each contract.
- Parallel "Istesna’a" Conditions:
- The contractor and the client should not be the same person. The relation between the client and the contractor ends after receiving price quotation from the contractor and deliver it to the bank.
- Contract value or part of it should be paid in advance by the client to the contractor.
- It’s obligatory to determine precise specifications of the building.
- Main Features of Parallel "Istesna'a"
- Enables the client with limited cash to build a building for periodic premiums.
- Enables the contractor to receive the total value of the contract to start constructions work.
- The bank has the right to apply suitable penalties on the contractor in case of breaching contract terms.
A stock is a security that guarantees ownership for its holders in a given corporation's assets and earnings. It is permitted by Sharia'a to invest in "Sharia'a" compliant stocks. Listed companies are categorized, in this context, to three categories:
"Sharia'a" compliant companies:
These companies abides by Sharia'a regulations, states that explicitly and has Sharia'a boards to ensure full adherence to "Sharia'a". Trading this kind of stocks is permissible "Halal".
Non-"Sharia'a" compliant companies:
If the company's line of business is limited to products or services prohibited by "Sharia'a" such as pork, alcohols or gambling, then, it is held non-compliant with "Sharia'a". In this case, it is strictly prohibited to invest in this kind of companies.
Mixed-income companies:
These companies work in permissible businesses, yet there is 5% or less from its income comes from non-permissible sources such as interests from conventional banks deposits. Investors in this kind of companies must abide by the following rules:
- Calculate the percentage of non-permissible income and donate it to charity.
- Making sure that the company's deposits in conventional banks do not exceed 33%.
In "Sharia'a" it is prohibited to purchase debt, therefore, it is not allowed to invest in a company if its liabilities exceeds 33% whether to Islamic or conventional banks.
"Sukuk" are certificates declare an equal ownership for its holders on certain assets. It is Islamic finance's alternative to conventional bonds. Bond is simply a loan from bond holder to issuer, and receives periodic interests. "Sukuk" holder, on the other hand, is a shareholder in the asset. All the returns from "Sukuk" are either profit from the investment or rental returns from issuer's properties. There are many forms from Skuk, some of which are the following:
"Sukuk Ijara":
"Sukuk" holder purchase, via Special Purpose Vehicle “SPV” rental generating assets, such as real estates, then re-rent it to the issuer to gain returns on the "Sukuk". The "Sukuk" holder promises to resell it to the owner at the end of the "Sukuk" period.
"Sukuk Mudharaba":
Holder, in this type of "Sukuk", hires the issuer as "Mudharib" to manage the invested capital. While both parties agree on the criteria of the investment, it is also possible to determine profit rate it shall yield. This type is referred to as restricted "Mudharaba". Parties share the profits in ratio they both agree upon.
Since "Mudharaba Sukuk" doesn't guarantee neither the capital nor the returns, it is often covered with "Takaful" insurance provided by third party. The lack of guarantee makes this type less preferable to investors for the favor of "Wakalah Sukuk".
"Sukuk Wakalah":
"Sukuk" holder, via Special Purpose Vehicle SPV, appoints the issuer as the agent ”Wakeel” to manage capital in an investment that guarantees the minimum profit rate mentioned in the agreement between the two parties. The issuer may receive the rest of the returns ad incentive for the well management of the investment. The issuer of "Sukuk" guarantees the capital and the minimum profit rate.
"Islamic Mutual Fund" is an investment pool funded by group of investors for the purpose of investing in securities such as stocks, bonds, money market instruments and similar assets, with complete adherence to the rules and regulations of "Sharia'a". To guarantee that, a supervisor is hired.
Hereby some types of "Islamic Mutual Funds":
Stocks Funds:
This fund solely invests in "Sharia'a" compliant stocks.
"Sukuk" Funds:
This fund is ideal for those who seek low-risk investments with stable income. It invests in monetary tools that generate this kind of returns such as "Ijara Sukuk".
"Ijara" Funds:
This fund requires assets that can generate rental returns.MALC fund for air jets leasing is one of the successful funds managed by KFH subsidiary. It purchases air jets and leas it for interested parties like Kuwait Airways, by the end of leasing period the aircraft can be sold.