Asset-Backed vs. Asset-Based Sukuk
True asset transfer in sukuk structures
Most sukuk in the market are structured as asset-based rather than true asset-backed instruments. Sukuk holders in asset-based structures bear credit risk of the obligor, not the underlying asset — making these structures effectively bonds and arguably impermissible.
Accounting and Auditing Organisation for Islamic Financial Institutions
Full Ruling
Sukuk must represent proportionate ownership in a real underlying asset (tangible assets, usufruct, or services). Where the obligor guarantees to buy back the underlying assets at face value regardless of market value (as is common in ijarah sukuk with purchase undertakings at par), the economic reality mirrors a conventional bond. This constitutes a form of fictitious ownership with a guaranteed return not tied to asset performance, which approaches the prohibition of riba. True asset-backed sukuk — where investors bear real asset risk and return — are permissible.
Rationale & Reasoning
Sukuk must satisfy the condition of genuine risk and return sharing. A structure that eliminates all asset risk while guaranteeing redemption at par effectively creates a risk-free return, mimicking riba. The use of put options at par price also violates this principle.
Rule Basis (Daleel)
- 01Ownership principle — milk al-'ayn
- 02Prohibition of guaranteed return on debt-like instruments
- 03AAOIFI SS-17 requirements for genuine asset transfer
Conditions for Permissibility
- ✓Sukuk holders must have genuine ownership stake in underlying assets
- ✓Purchase undertakings must be at market value, not par value
- ✓Asset must be Shariah-compliant and identifiable
- ✓Returns must be linked to actual asset performance
Dissenting / Minority View
Many Malaysian scholars and some GCC Shariah boards accept the asset-based structure with purchase undertakings at par, viewing it as a valid wa'd (promise) construct. The SC Malaysia allows such structures under its guidelines.
Citations & Sources
Usmani, M. T. – Sukuk and their Contemporary Applications (2007)
AAOIFI · 2007
AAOIFI Shariah Standard No. 17 – Investment Sukuk
AAOIFI · 2003
Ref: SS-17