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Browse by Author "Saheed Abdullahi Busari"

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    Ownership transfer of sovereign sukuk assets: analysis of pertinent issues from Shariah perspective
    Sa'id Adekunle Mikail; Saheed Abdullahi Busari; Abderahman Abdulla al-Saadi (USIM Press, 2024)

    Sukuk, a widely used Shari'ah-compliant tool in Islamic finance, has shown its effectiveness towards global socio-economic growth and development in recent times. However, one of the significant challenges faced by the market is the transfer of ownership of sukuk assets to sukuk holders, mainly due to legal restrictions, particularly in sovereign sukuk issuance. The study explores the concept of ownership in Shari'ah and discusses pertinent contemporary issues in the sale contract as a means of transferring ownership of sovereign sukuk assets. This research employs a qualitative doctrinal methodology to scrutinize literature pertaining to ownership through a Shari'ah lens. The analysis centers on the attributes of ownership and methods of acquisition, while also delving into significant Shari'ah considerations surrounding the transfer of sovereign sukuk ownership, as well as divergent perspectives on terms within sales agreements. Deepening the Shari'ah perspective of ownership transfer for sustainable sukuk issuance is the sine qua non for alignment between the Shariah and regulatory requirements. This study found that the clarity on the Shari'ah position of the ownership of sukuk holders will ensures tradability, security, and protection of sukuk holders, hence actualizing the sustainable sukuk issuance in the sukuk markets. These findings shed light on the challenges and considerations surrounding the transfer of ownership in the sukuk market, providing insights into the role of legal constraints and the importance of aligning transactions with Shari'ah principles.

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