Professional Documents
Culture Documents
in global financial markets over the past decade. However, like any other financial
instrument, sukuk can face default risks due to various factors, such as economic
downturns, issuer-specific challenges, or unforeseen events. In the event of a default,
it becomes necessary to explore alternative approaches to restructure the defaulted
sukuk. This essay will discuss some of the available alternatives in restructuring
defaulted sukuk, considering both Islamic finance principles and conventional
restructuring methods.
1. Negotiated Workout:
One of the primary approaches to restructuring defaulted sukuk is through a
negotiated workout. This involves constructive discussions between the issuer and
sukuk holders to reach a consensus on revised terms and conditions. The process may
include modifying payment schedules, extending maturity periods, or adjusting profit
rates to align with the issuer's current financial situation. This approach allows for
flexibility and customization, ensuring a mutually agreed-upon solution that respects
the principles of Islamic finance, such as fairness and transparency.
2. Debt-to-Equity Conversion:
Another alternative is a debt-to-equity conversion, which involves converting
the defaulted sukuk into equity instruments or shares in the issuing entity. This
approach allows sukuk holders to become partial owners of the issuer, sharing both
the risks and potential rewards. Debt-to-equity conversions can help alleviate the
financial burden on the issuer, strengthen its capital structure, and provide an
opportunity for sukuk holders to participate in the issuer's future growth prospects.
3. Asset Restructuring:
In cases where the issuer's financial distress is linked to specific assets, an
asset restructuring approach may be employed. This involves a comprehensive
evaluation of the issuer's assets and liabilities, followed by strategic decisions to
reorganize and optimize the asset portfolio. By divesting non-performing or
underperforming assets and focusing on core assets, the issuer can improve its
financial position and potentially fulfill its obligations towards sukuk holders. Asset
restructuring aims to enhance the value and quality of the issuer's assets, facilitating
the recovery of funds for sukuk holders.
5. Sukuk Buyback:
A sukuk buyback strategy entails the issuer repurchasing the defaulted sukuk
from the market at a discounted price. By doing so, the issuer can reduce its
outstanding debt and potentially improve its creditworthiness. This approach requires
the issuer to have access to additional liquidity or external financing to facilitate the
buyback. The repurchased sukuk can be subsequently restructured or retired,
providing a potential avenue for the issuer to regain market confidence and reestablish
its financial stability.