Journal of Islamic Studies > Volume 25, No. 2, 2013

Salam Sukūk: A Comparative Jurisprudence Study/ Mohammed bin Abdul Aziz bin Saad Yemeni

This research paper is concerned with the study of sukūk (Islamic bonds/instruments/deeds, in terms of definition, types and
characteristics. It also studies the concept of salam, its legality and requirements, rulings on the salam selling before the buyer has the salam
goods in possession, and rulings on issuing and trading in salam sukūk. It aims to define the salam sukūk and related issuance and trading
rulings as well as contractual rulings, especially phony contracts. According to the research findings, the salam sukuk are defined as
indivisible certificates of equal value issued for the purpose of mobilizing salam capital so that the goods to be delivered on the basis of
salam come to the ownership of the certificate holders. The issuer of the certificates is a seller of the goods of salam, the subscribers are the
buyers of the goods, while the funds realized from subscription are the purchase price (salam capital, of the goods. The holders of salam
certificates are the owners of the salam goods. Issuance of artificial certificates is not permissible, nor is the circulation of salam certificates.
The research calls upon those in charge of Islamic banking to opt for the stronger views in the case of disagreement They should not take
disagreements among scholarly views as justification for adopting solutions that suit their own interests. They are also advised to shun
artificial transactions. The name has to reflect reality in truth. Displaying an Islamic label does not turn make unlawful things lawful. As for
those responsible for Shar’i bodies at banks as well as other institutions, they ought to do their duty regarding ensuring that economic
products and activities are free from prohibitions. Their signatures must not be put on contracts unless they sure of being true to reality.