صكوك التمويل الإسلامي : نحو تأصيل قانوني للعلاقات الناشئة عنها

Abstract EN

Islamic Sukuk rests on transferring the ownership of the relevant assets to the Sukuk holders, thus alienating them from the issuer's bankruptcy.

However, some cases revealed the possibility that an applicable law may not recognize the holders’ ownership of the assets, which is a Shariah requirement.

This study examines the Jordanian Islamic Sukuk Law number 30/2012 is consistent with Shariah.

The study concludes that relevant legislation is unclear regarding the ownership of the assets.

It argues that the common law concept of beneficial ownership is not Shariah-compliant from Jordanian law perspective.

Alternatively, the study proposes recognizing the assembly of Sukuk holders as a juridical entity or partners with the special purpose company.