NON FINANCIAL DATA Interest Free: "Riba is prohibited in the Qur'an and the Sunnah”. Its exact definition is: any increment stipulated in a loan contract. Stipulated may mean either put as a condition on the contract or it is the customary practice in its area. It is prohibited and considered one of the major sins and acts of disobedience to Allah. The parties to a riba-based contract are declared war on by Almighty Allah and His Messenger, as stated in the Qur'anic verse that reads: “And if ye do not, then be warned of war (against you) from Allah and His Messenger.” (Al-Baqarah: 279) An Islamic bonds is structured such that the issuance is not an exchange of paper for money consideration with the imposition of an interest as per conventional. It is based on an exchange of approved asset for some financial consideration that allow the investors to earn profits from the transactions. Approval of the assets and the contract of exchange would be based on Syariah (Islamic law) principles , which is necessary to meet the Islamic requirement. The various type of Islamic-based structures used for the creation of Islamic bonds are sale and purchase of an asset based on deferred payment, leasing of specific assets or participation in joint-venture businesses. In Islamic finance Equity investing is permissible, so long as the company being invested in does not engage in the prohibited practices mentioned previously. Conventional bonds are considered as Riba and thus not allowed. Instead there exists Sukuk (Islamic Note), which is an Islamic type of bond. In general terms, the transaction is structured on an asset base, and so, if a series of payments arise from an asset based transaction, these can be traded at a market price. Also, even though conventional insurance may be considered Gharar (uncertainty), this is not applicable to reasonable unavoidable business risk. Exception: the word “bond” is sometimes used not in the meaning of a loan to a bond issuer, but simply in the meaning of a certificate. Accordingly, if the bond is used with relation to lease contract, even with the fixed rent for a long period, it is still permissible. The difference is that a lease (ijarah) bond represents ownership of a fixed asset—such as a building, land, a bridge, seaport or an airport—and the fixed assets are leased to a company or a government for, say, twenty years at a fixed annual rent. This kind of bond is permissible in Shari`ah. The OIC (Organization of Islamic Conference) and the International Fiqh Academy preferred to call it sak (pl. sukuk) in order to avoid the Arabic word sanad (pl. sanadat) that has become used exclusively for loan-based bonds. basically conventional banks get deposits on loan/interest basis and provide financing also on loan/interest basis. Islamic banks obtain deposits on silent partnership basis and provide loans on sale basis, lease basis, or active and silent partnership basis.
Comparison between of Islamic and Conventional Bonds: Items Issuance
Islamic Conventional Must be approved by Syariah scholars Must be approved by Securities
process Structure types Issuers Investors
and Securities Commission
Commission only
Asset, equity and debt based
Debt based only
Government, semi- Government and Government, semi- Government private sectors and private sectors Both conventional and Islamic Only conventional investors investors
SECURITY:
Sui Southern Gas Company
Sukukmusharaka
1) Dubai Islamic Bank 2009 - 2012 (the " Investor's Agent") 2) Meezan Bank Limited ( the " Investor's Agent") 3) Bank Islami Pakistan Limited (the "Trustee")
Islamic Sukuk bonds under musharaka agreements are secured by a first pari passu fixed charge created by way of hypothecation over movable fixed assets of the Company comprising of compressor stations, transmission pipelines, distribution pipelines and pipelines construction machinery and equipment.
PEL
Dawood Hercules
diminishing Musharaka
2009-2012
Habib Bank Limited Meezan Bank Limited Allied Bank Limited United Bank Limited MCB Bank Limited Meezan Islamic Income Fund Meezan Tahaffuz Pension
2009-2011
First pari passu charge on present and future plant and machinery of the Company amounting to Rs. 1,600 million. Profit shall be paid on quarterly basis in arrears, whereas principal amount shall be paid in fourteen consecutive quarterly units commencing from June 30, 2009. Participatory redeemable capital represents Islamic Sukuk certificates issued to banks under musharaka arrangements. The loan is secured by a ranking charge created by way of hypothecation over the specific moveable fixed assets of the Company upto the extent of Rs. 7.72 billion, comprising various machinery of urea and ammonia plant In order to protect the interest of the Certificate Holders, and investment agent (Meezan Bank Ltd.) has been appointed as trustee under a trust deed dated 12 September 2007 at fee of Rs. 500,000 each year till the expiry of the agreement. in case the Company defaults on any of its obligations, the trustee may enforce the
Company’s obligations in accordance with the terms of the trust deed.
SLC
ENGRO
diminishing musharika
SLC
2009-2012
Sukuk are secured by hypothecation of specific leased assets and associated lease rentals. The facilities were utilized mainly for lease financial activities
Engro
2009-2016
The company has issued sukuk certificates based on diminishing musharika anounting to Rs 300,000. The principal amount is payable in seven years in two semi annual equal installments.
NAME OF COMPANY Sui Southern Gas Company
TYPE OF ISSUER SECURITY Sukukmusharaka
1Dubai Islamic Bank
REPAYMENT PERIOD 2009 - 2012
2Meezan Bank Limited 3Bank Islami Pakistan Limited
PEL
diminishing Musharaka
SLC
ENGRO
diminishing musharika
SECURITY
Islamic Sukuk bonds under musharaka agreements are secured by a first pari passu fixed charge created by way of hypothecation over movable fixed assets of the Company comprising of compressor stations, transmission pipelines, distribution pipelines and pipelines construction machinery and equipment.
2009-2012
SLC
2009-2012
Engro
2009-2016
First pari passu charge on present and future plant and machinery of the Company amounting to Rs. 1,600 million. Profit shall be paid on quarterly basis in arrears, whereas principal amount shall be paid in fourteen consecutive quarterly units commencing from June 30, 2009. Sukuk are secured by hypothecation of specific leased assets and associated lease rentals. The facilities were utilized mainly for lease financial activities
The company has issued sukuk certificates based on diminishing musharika anounting to Rs 300,000. The principal amount is payable in seven years in two
semi annual equal installments. Dawood Hercules
Habib Bank Limited Meezan Bank Limited Allied Bank Limited United Bank Limited MCB Bank Limited Meezan Islamic Income Fund Meezan Tahaffuz Pension
2009-2011
Participatory redeemable capital represents Islamic Sukuk certificates issued to banks under musharaka arrangements. The loan is secured by a ranking charge created by way of hypothecation over the specific moveable fixed assets of the Company upto the extent of Rs. 7.72 billion, comprising various machinery of urea and ammonia plant In order to protect the interest of the Certificate Holders, and investment agent (Meezan Bank Ltd.) has been appointed as trustee under a trust deed dated 12 September 2007 at fee of Rs. 500,000 each year till the expiry of the agreement. in case the Company defaults on any of its obligations, the trustee may enforce the Company’s obligations in accordance with the terms of the trust deed.