Potential Islamic Finance Instruments that can be used for
oper
ationalizing Uzbekistan’s Islamic Banking and Finance Sector.
2.2.1. Partnership Specific Islamic Contracts:
Musharakah
: According to Usmani
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(1998) the term Musharakah in Arabic means
sharing
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. The basic tenet of Musharakah contract is similar to a partnership contract
in English law, wherein two or more partners come together to form an enterprise by
pooling in funds, materials, and/or intellectual property. In regard to the profit and
loss sharing, unlike modern partnership contract, the profit rate is determined at the
time of concluding a contract. The profit is shared among the partners on the basis of
the agreed profit rate. In case of loss incurred, each partner will share the loss
according to the ratio of individual capital invested to the business. Musharakah in
Uzbekistan could be used in the following manner:
A.
At banks: Musharakah in banking institutions mainly is used for project
financing, particularly in financing mid and long-term projects or financing any
joint venture. Under this financing, the arranging bank acts as a partner to the
project or joint-venture and earns a profit at the rate determined at the time of
concluding the financing contract with a customer. Musharakah could also be
used for facilitating importers and exporters through the issuance of Letter of
Credit (LC), financing working capital, etc.
B.
In Capital Markets: Musharakah is extensively used in the equity market. The
relationship between shareholders and the company’s promoters will be of a
partnership. The underlying stocks in the equity market must be Sharia-
compliant. To identify and determine whether the underlying stocks are Sharia-
compliant, different methods of Sharia screening methodologies were adopted
across jurisdictions. Primarily, these Sharia screening methodologies have two
approaches; one is based on a quantitative approach in which the percentage
of company’s revenue streams from non-Sharia compliant sources shall not
exceed 5 percent of the total revenues along with the presence of total liquid
cash. A second approach is a qualitative approach in which the company’s
external factors will be examined like the core business shall not be prohibitive
(like gambling, entertainment, alcohol manufacturing, interest-based financing,
etc.), the company’s reputation, etc. Apart from the equity market, Musharakah
contract is also being used in the bond market in the form of Sukuk.
Mudarabah
: Mudarabah is a unique way of partnership facilitated in Islamic finance,
wherein one partner provides all the funds required to start a business and the other
partner invests those funds in a profitable venture through efficient and effective
management. The fund provider is called Rabb al-mal (owner of the funds) and the
10
Usmani, Muhammad. T. (1998). “An Introduction to Islamic Finance”. Available from
http://www.the-
ifes.org/wp-content/uploads/2013/07/an-introduction-to-islamic-finance.pdf
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