THE USE OF ASSETS IJARA BONDS FOR BRIDGING THE BUDGET GAP
MONZER KAHF*
A shari‘ah compatible fixed-return financial instrument is needed in an Islamic economy. This paper explores the potential of ijara (renting)-based financial instruments to meet this need. The paper proposes ijara-bonds as marketable Islamic financial instruments for resource mobilization in the public sector as well as an instrument for monetary policy. Private companies can equally use the ijarabonds for resource mobilization. This paper aims at presenting the idea of assets ijara bonds (AIBs)1 and how such bonds can be used by governments as an alternative means of borrowing funds from the public. The paper consists of four sections. Section one deals with the assumptions under which the AIBs shall be discussed. Section two will analyze the ijara contract and discuss the shari‘ah foundation of the AIBs. The third section defines AIBs and studies their different forms. Finally, section four will discuss the characteristics and economics of AIBs and compare them with other securities. 1. ASSUMPTIONS In order to restrict the discussion in this paper to the limits that serve the stated objectives, we have to make a few necessary assumptions: 1. We assume existence of a deficit in the budget, but without discussing its causes or nature. A deficit may be attributed to shortage of financial
Research Economist, Islamic Research and Training Institute, Islamic Development Bank, Jeddah, Kingdom of Saudi Arabia. 1 Assets Ijara Bonds can be differentiated from Services Ijara Bonds. Since the ijara contract in shari‘ah is essentially the same for physical durable assets and for human labor, both kinds of ijara contracts can be securitized respectively, in the form of Assets Ijara Bonds and Service Ijara Bonds (such as Certificates of Education). In fact, a third form of ijara bonds can also be devised based on an ijara contract that involves
References: Awqaf Ministry of Kuwait, Fiqh Encyclopedia [Arabic]. Al Barakah Company, Proceedings of the 2nd Al Barakah Seminar on Islamic Economics, Tunis 9-12 Safar 1405H [Arabic]. Clark, Tom (1990), Leasing Finance, London: Euromoney Publications. Hammad, Nazih Kamal (1986), Sale of Debt for Debt in Islamic Fiqh, Jeddah: King Abdulaziz University [Arabic]. Homoud, Sami Hasan (1405H), Shari‘ah Approaches for Negotiability of Investment Units in Salam, Ijara and Murabahah, paper in proceedings of 2nd Al Barakah Seminar in Tunis. __________, Presentation of Sanadat al Muqaradah and their differences from Development Bonds and Investment Bonds, unpublished paper [Arabic]. Hassan, Hussain Hamid, Responsibility for Maintenance Works for Leased Equipment, unpublished paper [Arabic]. Henderson, John, and Scott, Jonathan (1988), Securitization, New York: New York Institute of Finance. Hornbrook, Adrian (1993), World Leasing Yearbook, London: Euromoney Publications. International Financial Law Review (1993), A Special Supplement on Securitization, August. Islamic Fiqh Academy of OIC, decisions and resolutions of Islamic Fiqh Academy 1406H - 1409H, published by the Academy itself [Arabic]. ____________, The Journal of the Academy, years: 3rd, 4th, 5th and 6th [Arabic]. Kahf, Monzer (1995), Ijara Bonds, Jeddah: IRTI [Arabic]. ___________ (1991), Instruments of Meeting Budget Deficit in Islamic Economy, unpublished paper, Jeddah: IRTI. ____________ and Tariquallh Khan (1992), “Alternative Strategies of International Financing” in International Economics Relations from Islamic Perspective, Jeddah: IRTI. ____________ (1412H), The Concept of Financing in Islamic Economics, Jeddah: IRTI [Arabic]. Miles, Adrian (1993), “An Introduction to the Securitization of Lease” in Studies in Leasing Law and Tax, London: Euromoney Publications. Rao, K.S. Ramesh (1989), Fundamentals of Financial Management, N.Y: 92 Kahf : Use of Assets Ijara Bonds McMilan. Omar, Mohd Abdul Haleem (1992), Shari‘ah, Economic and Accounting Framework of Salam Sale, Jeddah: IRTI/IDB [Arabic]. Abu Sulaiman Abdul Wahab (1992), Ijara Contract as a Tool of Islamic Financing,, Jeddah: IRTI, Jeddah [Arabic]. Tomkins, Cyril, Lowe, Julian and Morgan, Eleanor (1986), An Economic Analysis of the Financial Leasing Industry, UK., reprinted Gower Publishing Company. Zuhaili Wahbah (1984), Islamic Fiqh and its Proofs, Dar al Fikr, Damascus, Vol. 4 [Arabic].