48 Mush
ārakah sukūk 199. A
Mush ārakah sukūk represents the direct pro-rata ownership of the holder in the assets
of a private commercial enterprise or project where the subscription money is normally employed in purchasing non-liquid assets or such as real estate or moveable assets. A Mush
ārakah sukūk is a profit and loss sharing instrument where the exposure is of the nature of an equity position in
the banking book, except in the case of investments normally short-term in assets for trading purposes. A Mush
ārakah certificate can be tradable provided that non-cash and receivable assets are not less than 30 of market capitalisation.
Mu ḍārabah Muqaraḍah sukūk
200. Suk
ūk holders subscribe to the certificates issued by a Mudārib and share the profit and bear any losses arising from the Mud
ārabah operations. The returns to the holders are dependent on the revenue generated by the underlying investment. The rule regarding tradability
of the certificates is the same as for Mush ārakah certificates.
2. Salam suk
njk
201. The credit risk in Salam suk
ūk is similar to that of the underlying Salam contract, where the credit risk exists upon the subscription of the suk
ūk until the delivery and sale of the subject- matter. As such, the RW is based on the counterparty Salam supplier unless the Salam capital
is guaranteed by a third party in which case the RW is that of the issuer if lower than that of the supplier. The RW is 100 for an unrated counterparty Salam supplier or guarantor third party
when the Salam capital is guaranteed by the third party, if any. 202.
The market risk in Salam suk ūk is likewise the same as that of the underlying contract,
namely a long position in the underlying commodity. This risk can be measured according to either the maturity ladder approach or the simplified approach as set out in paragraphs 55 to 63.
203. A Salam suk
ūk which is structured with an undertaking from the issuer that the underlying commodity will be sold to a third party at a specified selling price by means of a Parallel Salam
contract shall carry the RW of the buyer of that underlying commodity in the Parallel Salam contract.
20
3. Istisn
Ɨ` suknjk
204. In Istisn
ā`, the credit risk occurs upon commencement of the manufacturing or construction works by the IIFS until the whole amount or all the instalments progress billings are
paid by the purchaserissuer. 205. The
RW for
Istisn ā` sukūk is based on the counterpartycustomer, which is 100 for an
unrated buyer, unless a third party provides a guarantee in which case the third party’s RW if lower than that of the counterparty will be applicable. In addition, a RW of 20 will be added to
cater for the price risk to which the underlying Istisn ā` is exposed. In the case of ECAI-rated
Istisn ā` sukūk, the ECAI rating will apply.
206. In the event the returns to the suk
ūk holder are from the cash flow of the underlying assets, which fall under the category of limited and non-recourse Istisn
ā`, the RW shall be based on the ‘Supervisory Slotting Criteria’ approach which carries RW of 70 to 250.
207. Please refer to Section on Istisn
ā` for detailed treatment.
4. Ij
