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Islamic derivative master agreement completed
23 April 2010
Islamic finance specialists gave a cautious welcome to the new ISDA/IIFM Tahawwut (Hedging) Master Agreement for Islamic derivatives, announced on March 1 by the two bodies that prepared it: the International Swaps and Derivatives Association and the International Islamic Financial Market.
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Islamic finance
Shariah
ISDA
IIFM
Tahawwut (Hedging) Master Agreement
Islamic derivatives
The
long-awaited agreement is a standardised form for Islamic derivatives
transactions, which could free market participants from having to draw up the
extensive documentation required for Sharia-compliant transactions from
scratch.
Farrukh Raza,
founder and managing director of Islamic Finance Advisory and Assurance
Services in Birmingham in the UK, said it would take time before most market
participants used the document. Many companies will have it reviewed by
internal lawyers and their own Sharia scholars before acceptance.
He said it
was too early to judge whether the agreement would lead to more transactions
being executed.
Tariq
Al-Rifai, director of Islamic market indexes at Dow Jones Indexes in Dubai,
said his reaction was one of caution and that: “It may not lead to anything
significant.”
But many
believe the agreement will eventually help the industry.
Habib Motani,
a partner at Clifford Chance in London who specialises in derivatives, capital
markets and financial markets, said: “My hope and expectation is that it should
give a boost to the market. The agreement will help increase the number of
transactions and put people more readily into a position to do deals.”
The
standardised agreement may pave the way for Sharia-compliant derivatives to be
traded on exchanges.
However,
Motani said exchange-traded derivatives were unlikely to be developed
immediately and would come “a little way down the road”. He said the way murabaha was practised today was
“not ideal from a Sharia point of view” and that a lot of scholars were “unhappy”.
Murabaha is one of the commonest Islamic finance structures and is sometimes
used in quasi-derivative transactions.