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The Background
At T90:
T0 - Time when Master Murabaha agreement or Istijrar agreement is signed. T90 - Time when declaration is signed Ts - Settlement Date P0- Cost price P*- Murabaha Price Ps-Settlement price Declaration -- Offer and Acceptance between Custeomer and Bank to sell the asset back to customer. Key Points:
While the features of this derivative contract/arrangement are described in some detail in these papers, the technicalities and legalities and Shariah aspects are less easily found. But the amazing thing is that this arrangement is merely a set of sales. Islamic Law of sale is such that Istijrar is not considered a set of strange options, no wa'ad is necessary, no khiyar is needed (although they can apparently also be used). In sale contracts there is flexibility according to the payment and settlement of price. Bay' bi Sirr al-Suqq or payment at market-determined price (see reference link) is the subject of relatively rich discussion, this is one area of fiqh which touches upon Istijrar. The fact that Istijrar is a repeat sale makes many scholars feel that this flexibility (delay of payment and price set according to market average) should be afforded to this arangement. Moreover, the embedded derivative elements help to reduce the risk, reducing the gharar of the arrangement to something considered to be 'acceptable'. Please note as well that Istijrar is extremely flexible and can be used for many other types of contracts (e.g., ijara, and mudaraba, supposedly) and can probably allow for a great many other payoff profiles. This usage of Islamic Law of Sale is something that has not been explored to its fullest in Islamic Finance, and we should probably expect much more future innovation in Islamic Finance using Istijrar. A future topic of discussion remains the notion of sale at market-determined price (see reference link) as well as the more conventional delay in payments and conclusion of sale without offer/acceptance. Undoubtedly, Istijrar is one of the hidden gems of Islamic Finance. Your feedback and comments are very important to us, please feel free to contact the author via email. |
Opalesque Islamic Finance Intelligence
Featured Structure: Istijrar - How does it really work? by Nikan Firoozye, PhD |
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