PermissibleSukuk·2008-03-15

Musharakah Sukuk

Partnership-based sukuk for infrastructure financing

Plain-Language Summary

Musharakah sukuk representing proportionate co-ownership in a joint venture or project are among the most Shariah-sound structures, as investors genuinely share in profit and loss.

Scholar
Dr. Hussein Hamid Hassan

Dr. · Shafii

Jurisdiction
United Arab Emirates

UAE Securities and Commodities Authority / Higher Sharia Authority

Confidence
●●●High Confidence

Full Ruling

Musharakah sukuk are permissible and represent true Islamic finance principles of risk and return sharing. Under this structure: (1) Each sukuk certificate represents a proportionate ownership share in the underlying project or business. (2) Profits are distributed according to pre-agreed ratios. (3) Losses are borne in proportion to capital contribution. (4) No party may guarantee the principal. (5) Sukuk manager may manage the joint venture as mudarib (silent partner manager) or wakil (agent).

Rationale & Reasoning

Musharakah is rooted in pre-Islamic Arabian trade practices and is explicitly endorsed in the Quran. Profit and loss sharing instruments align with Islamic finance's objective of equitable wealth distribution.

Rule Basis (Daleel)

  • 01Quran 4:12 on partnership shares
  • 02Validity of musharakah
  • 03AAOIFI SS-17

Citations & Sources

AAOIFI Shariah Standard No. 17 – Investment Sukuk

AAOIFI · 2003

Ref: SS-17

AAOIFI Standard

Related Rulings

This ruling is for research purposes only. Consult a qualified Shariah scholar or advisor for specific financial decisions.