Form versus substance: AAOIFI projects and Islamic fundamentals in the case ofsukuk

Abstract

PurposeThe purpose of this paper is to investigate the role of standard‐setting bodies and rating agencies which compete for authority in Islamic finance. It does so through a consideration of a recent debate over the permissibility ofsukukfinancing.Design/methodology/approachThe methods used are a combination of archival and bibliographic research, coupled with the author's previous research on Islamic banking and finance.FindingsWhile the debate oversukukhinged on whether the structures areshari'acompliant in form only, not in substance, the role ofsukukin neoliberal reform and the privatization of state resources reveal a deeper potential conflict between Islamic standard‐setting bodies and global neoliberal projects more broadly.Research limitations/implicationsThe implications are significant for other Islamic finance contractual forms and modes of finance. They are also significant in light of the global financial crisis, and the recent debt crisis in Dubai. The research limitations have to do with the fact that this is a fast‐moving field and the global financial crisis has destabilized many institutions – both conventional and Islamic – in structured finance.Originality/valueFew scholars have consideredsukuk's legitimacy, or the competition between Islamic standard‐setting bodies and non‐Islamic global rating agencies.