PRACTICE NOTES
Islamic property finance: Ijarah, diminishing Musharaka, commodity Murabaha and Wakala documentation, structuring, tax, regulatory and investment issues, and English/Shari'ah law considerations
Islamic real estate finance
Islamic real estate finance is gaining increasing traction and has become firmly embedded in the UK and global property arenas. Worldwide Islamic finance assets are assessed at over US$4.5tn, with the sector forecast to keep expanding to US$6.7trn by 2027. This growth has been, and is expected to remain, driven by worldwide economic developments, evolving demographic trends, higher income levels and rising investment from the Gulf Co-operation Council, itself spurred by strong returns across the Halal, infrastructure and Sukuk segments. Consequently, the UK is well positioned to continue capturing the advantages of this consistently expanding market. At the same time, conventional financial institutions are increasingly turning to Islamic finance to complement traditional equity and debt solutions. The purpose of this Practice Note is to consider in detail the principal Islamic real estate finance structures set out below:
Ijarah
Diminishing Musharaka
Commodity Murabaha
Wakala
A review of the documentation required for each of these structures will be provided, together with an analysis of the legal, tax and regulatory considerations that apply to them in the UK...
Banking & Finance