Sukuk, or Islamic bonds, explained

Definition, structures, risks and access from Switzerland · by Ahmed & Hassan Al Gizani
The short answer

A sukuk is a certificate representing an undivided share in the ownership of a tangible asset, a usufruct or a service, and not a claim on the issuer. Its holder is paid out of the income from that asset — rent, a share of profit — and not by interest. That is the definition in AAOIFI Standard No. 17, adopted in 2003. Sukuk are often called “Islamic bonds”, but the shorthand is misleading: a sukuk is compliant only if its structure genuinely is, which has not always been the case. From Switzerland, direct access is difficult for a private investor; it usually goes through a fund.

In a compliant portfolio, the place of bonds is empty. A bond pays for a loan with interest: that is riba in its purest form, and it is why a Muslim investor's defensive allocation is often reduced to gold and cash. Sukuk are the answer Islamic finance has built to fill that gap. The global sukuk market now exceeds a trillion dollars outstanding; yet it remains almost unknown to investors in French-speaking Switzerland.

This guide explains what a sukuk is, what distinguishes it from a bond, the most common structures, and the abuses that led scholars themselves to sound the alarm. It ends with the practical question: how can a private investor in Switzerland gain access to them, and with what precautions?

What is a sukuk?

A sukuk (plural of sakk, “certificate” or “deed”) is a security of equal value representing an undivided share in the ownership of tangible assets, usufructs or services, or of a specific project or investment activity. That is the definition given in Sharia Standard No. 17 of AAOIFI, the standard-setting body for Islamic finance, adopted on 8 May 2003.

The word that counts is ownership. The holder of a sukuk has not lent money to the issuer: together with other holders, they have acquired a share in an asset or an activity. They receive its income and bear its risks, in proportion to their share. That is what allows the holder to be paid without interest: they are paid because they co-own something that produces income, not because they advanced money.

Issuance generally follows the same pattern. The issuer — a state, a bank, a company — sets up a special-purpose vehicle, which buys or leases an asset and finances it by selling sukuk to investors. Over the life of the security, the income from the asset flows back to the holders; at maturity, the asset is sold and the proceeds go to them.

How does a sukuk differ from a bond?

A bond is a claim: its holder has lent money and receives interest fixed in advance, whatever use is made of the sum. A sukuk is a share of ownership: its holder receives the income from the underlying asset and bears its risk. The two securities can look alike on a bank statement — a face value, a maturity, periodic payments — but they do not rest on the same contract.

CriterionConventional bond · Sukuk
What the holder owns Bond: a claim on the issuer. Sukuk: an undivided share in an asset, a usufruct or a service.
Source of the return Bond: interest, the price of time. Sukuk: the income from the asset — rent, a trading margin, a share of profit.
Underlying asset Bond: none is needed. Sukuk: compulsory, identified and permissible.
Capital guarantee Bond: repayment of face value promised by the issuer. Sukuk: under Standard No. 17, the issuer may not guarantee the face value or a fixed profit; an independent third party may do so free of charge.
Use of funds Bond: unrestricted. Sukuk: the activity financed must itself be compliant.
Trading on the market Bond: always possible. Sukuk: only when the security represents real assets; a sukuk that represents nothing more than a debt cannot be traded.

The last point is often overlooked. Standard No. 17 prohibits securitising debts in order to trade them (clause 5/1/2), because selling a claim at a price other than its value would amount to riba. A murabaha sukuk, for example, can no longer be traded once the goods have been delivered to the buyer: at that point it represents nothing but a claim (clause 5/2/15). Salam sukuk cannot be traded before delivery either (clause 5/2/14).

What are the main types of sukuk?

Standard No. 17 lists around fifteen, which come down to a few families. Each rests on a contract of Islamic finance, and it is that contract which determines where the income comes from and what the holder is exposed to.

So-called hybrid structures mix these contracts, for example leased assets and murabaha receivables in the same pool. They are tradable only if the share of real assets remains sufficient, a threshold that sharia boards assess issue by issue.

Are all sukuk compliant?

No, and it was the scholars themselves who said so. In November 2007, Mufti Taqi Usmani, then chairman of the AAOIFI Sharia Board, published a critique estimating that around 85% of the sukuk issued at the time did not fully comply with sharia. In February 2008, the AAOIFI Sharia Board issued a statement that took up this finding and restated the rules.

The main criticism concerned one specific clause: the issuer's undertaking to buy back the sukuk at face value at maturity. With such a promise, the holder no longer bears the risk of the asset: they get their capital back whatever happens, plus an income pegged to a market rate. Economically, they have lent money. Standard No. 17 prohibits the issuer from undertaking to buy back the sukuk at face value; it may only undertake to buy them back at market value (clause 5/2/2). Ijara and co-ownership sukuk are subject to a carefully framed exception, because the party buying back acquires a real asset that it uses.

The Dana Gas case showed that the question was not theoretical. In June 2017, the Emirati company declared that two of its sukuk, totalling 700 million dollars, were no longer compliant in light of evolving interpretations, and refused to repay them on the agreed terms. The dispute went before the courts in London and Sharjah. For an investor, the lesson is twofold: the “sukuk” label guarantees nothing, and the compliance of an issue is read in its structure, not in its name.

Key point

A sukuk is checked like a share: you do not stop at the product's name. Three questions decide: what real asset is held, where does the income come from, and does the issuer promise to return the face value whatever happens?

Sukuk · what you actually hold — A share in an asset, not a claimSUKUK · WHAT YOU ACTUALLY HOLDA share in an asset, not a claim01Classic bondA claim on the issuer, paid byinterest fixed in advance,whatever becomes of the moneylent.CLAIM02The sukukAn undivided share in an asset, ausufruct or a service, paid by theincome that asset produces.OWNERSHIP03The point to checkA promise to buy back at facevalue brings the structure close toa loan. Standard No. 17 rules itout in principle.PROSPECTUSThe label is not enoughIn 2008, the AAOIFI Sharia Board estimated that up to 85% of sukuk issued might not be fully compliant.This diagram is provided for educational purposes. It is neither a fatwa nor investment advice within the meaning of the LSFin.ALG CLUB Sukuk · what you actually hold — A share in an asset, not a claimSUKUK · WHAT YOU ACTUALLY HOLDA share in an asset,not a claim01Classic bondA claim on the issuer, paid by interest fixed inadvance, whatever becomes of the money lent.CLAIM02The sukukAn undivided share in an asset, a usufruct or aservice, paid by the income that asset produces.OWNERSHIP03The point to checkA promise to buy back at face value brings thestructure close to a loan. Standard No. 17 rules it outin principle.PROSPECTUSThe label is not enoughIn 2008, the AAOIFI Sharia Board estimated that upto 85% of sukuk issued might not be fully compliant.This diagram is provided for educational purposes. It is neither a fatwa norinvestment advice within the meaning of the LSFin.ALG CLUB
What distinguishes a sukuk from a bond, and the structural point that decides its compliance.

What are the risks for the investor?

A sukuk is not a risk-free investment. It carries the risks of an income-producing security, plus a few risks specific to its structure. Knowing them before you buy keeps you from mistaking a sukuk for a guaranteed deposit.

Can you buy sukuk from Switzerland?

Yes, but rarely directly as a private investor. The Swiss Confederation has never issued sukuk, and the market lies in Kuala Lumpur, the Gulf, London or Luxembourg. Most issues are reserved for institutional investors, with high denominations — frequently 200'000 dollars per security — which puts them out of reach of a portfolio of ordinary size.

A few European sovereign issuers have led the way. The United Kingdom issued a 200 million pound ijara sukuk in June 2014, backed by three central government buildings, the first sovereign sukuk from a non-Muslim country, with orders 11.5 times the amount on offer; a second followed in 2021. These securities nonetheless remain hard to reach through a retail bank.

The most realistic route is therefore a sukuk fund. Several managers offer investment funds invested in sukuk, overseen by a sharia board. Before buying one, two checks are essential:

On the tax side, income paid by a sukuk or a sukuk fund is in principle treated as income from movable assets (Art. 20 of the Federal Act on Direct Federal Tax (DBG/LIFD)), and the value of the securities at 31 December forms part of taxable wealth. The exact classification of a particular structure may vary: in case of doubt, the cantonal tax administration decides.

What place for sukuk in a compliant portfolio?

In principle, sukuk play the role that bonds play in a conventional portfolio: a more stable allocation that pays a regular income and cushions movements in equities. For a Muslim investor, it is the only instrument that fills that gap without resorting to interest.

In practice, their place depends on three things: whether you can access them through an authorised, transparent fund, the cost of hedging or accepting the currency risk, and confidence in the structure of the issues held. For many modest Swiss portfolios, gold held in full ownership and an interest-free cash reserve fulfil that function more simply. Sukuk become worthwhile as wealth grows and the defensive allocation deserves to be diversified.

One last point concerns zakat. A sukuk represents a share in an asset, not a claim: its treatment in the zakatable base follows the logic of securities held, which we set out in our guide to zakat on investments.

The most common mistakes

The mistakes almost always come from the trust placed in the word “sukuk” rather than in the security itself.

Treating a sukuk as a guaranteed deposit

A compliant sukuk does not guarantee the capital: that is precisely what distinguishes it from a bond. The holder shares the risk of the asset and depends on the soundness of the issuer.

Stopping at the product's name

An issue can carry the name sukuk and include an undertaking to buy back at face value that brings it close to a loan. The structure is read in the prospectus, not in the title.

Forgetting the currency

An income of a few per cent in dollars can be wiped out by a fall in the dollar against the franc. The currency risk is decided before you buy.

Buying a fund without reading what it holds

A sukuk fund can hold a large share of cash or short-term investments. Their compliance is checked too, in the annual report.

Neglecting the distribution authorisation

A foreign fund not authorised for distribution in Switzerland does not offer a private investor the same safeguards on information. The FINMA list can be checked in a few seconds.

Sukuk are one of the most accomplished constructions of Islamic finance, and also one of those that demand the most vigilance. Properly understood, they complete a compliant portfolio exactly where it most often lacks something. To revisit the principles they derive from, our guide to Islamic finance goes back to the foundations, and our article on investing without riba explains why conventional bonds are excluded from it.

Building the defensive part of your wealth

Gold, cash, sukuk: a halal investment expert looks with you at what makes sense at your scale, within the Swiss framework, and leaves you to decide with full knowledge of the facts.

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This content is provided for educational purposes by ALG Club. It constitutes neither a fatwa, nor a recommendation to buy a security or a fund, nor a financial service within the meaning of the Financial Services Act (LSFin). As questions of compliance involve differences between schools of jurisprudence, it is for each person to refer to a qualified religious authority for their own situation.

Frequently asked questions

A certificate of equal value representing an undivided share in the ownership of a tangible asset, a usufruct or a service. Its holder is paid out of the income from that asset, not by interest. That is the definition in AAOIFI Standard No. 17, adopted in 2003.

A bond is a claim paid by interest fixed in advance. A sukuk is a share in the ownership of an asset, paid by the income from that asset. The issuer of a sukuk may not, in principle, guarantee the face value or a fixed profit.

No. In 2008, the AAOIFI Sharia Board estimated that up to 85% of sukuk issued might not be fully compliant, notably because of undertakings to buy back at face value. Compliance is checked in the structure of each issue.

It is the most widespread structure: the holders own a leased asset, a building or equipment, and receive the rent paid by the user. The United Kingdom's first sovereign sukuk, issued in 2014, was based on this structure.

Rarely directly, as most issues are reserved for institutional investors, with high denominations. The most realistic route is a sukuk fund authorised for distribution in Switzerland, which can be checked in FINMA's list of authorised products.

No. A compliant sukuk makes the holder bear the risk of the asset. AAOIFI Standard No. 17 prohibits the issuer from guaranteeing the face value or a fixed profit; only an independent third party may do so, free of charge.

In principle as income from movable assets, within the meaning of Article 20 of the Federal Act on Direct Federal Tax (DBG/LIFD), and the value of the securities at 31 December forms part of taxable wealth. For a particular structure, the cantonal tax administration decides.

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The foundations, the contracts and how compliance is checked.

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