أصول الصكوك الإسلامية و طبيعة الحقوق الواردة عليها : دراسة نقدية

Abstract EN

Sukuk are distinguished from other traditional securities, such as stocks and loan bonds, in that they represent ownership of certain assets or benefits of objects, services, money, debts or a mixture of some or all of them, these assets are the essence of an existing or planned project using the proceeds of sukuk.

This main characteristic raises a fundamental ques tion as to the legal nature of the ownership of those assets by sukuk hol ders; Can it be said that they are a common or separate property to which full ownership provisions apply? If it is not fully owned, what is its legal nature? What are the rights of sukuk holders to that nature, and the rights of other parties intervening in the process of issuing sukuk and the process of investing their proceeds; originator and exporter ? In this context, some versions of sukuk are issued according to utili tarian and legal property concept known in Anglo-American legal system for their compatibility with the sukuk formulas.

As we are talking about Islamic sukuk and the Islamic financing methods, there was controversy about the rooting of this form of ownership in accordance with the rules of Islamic jurisprudence.

The research is a conceptual and criticizing study of rights of sukuk holders on their assets, as part of a scientific approach between the forms of ownership in the Islamic legal system, which the Emirati legislator should follow in order to establish an integrated legal organization of Islamic sukuk, and between the Anglo-American legal sys tem from which the forms of assets ownership was derived in practical application.