Sharia Compliant Investing in Real Estate

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Sharia Compliant Investing in real estate

Originally featured on The Investor,  this article by my colleague Claudio Sgobba is an excellent guide to Sharia compliant investing in real estate.

Real estate investment and Islamic finance make a near-perfect partnership, with property providing just the sort of tangible asset that is central to Sharia compliant investing notions.

And what is true for investment is equally true on the other side of the equation, the raising of finance.

Central to Sharia compliant investing, explains Claudio Sgobba, director in JLL’s debt advisory team in London, is a prohibition on “making money out of money”. There can be no charging of interest and neither can there be any mixing of funds raised or invested in a Sharia-compliant manner with non-compliant monies.

Real estate investment, rooted, as the name describes, in real as opposed to notional property, is tailor-made for Sharia compliant investing.

Furthermore, certain types of social investment may not only provide a steady return but can count towards the annual charitable giving that is required of wealthy Muslims. More on that in a moment.

Growing demand for Sharia Compliant Investments

Sharia-compliant funds are providing an important source of cash for the UK and continental European real estate market.

“Saudi Arabia, Kuwait and Qatar dominate in terms of demanding Sharia compliant investment and fundraising,” says Sgobba.

“There is also some demand from the United Arab Emirates and Bahrain. The UAE seem to have more flexibility in terms of finance. We often find that when a European or US investment manager requests Sharia compliant funds, they are doing so on behalf of investors in those three main countries.”

He reckons about 60% of JLL’s Gulf client base who invest in Germany and the UK requires Sharia compliant investments and finance. “The UK is the number one Islamic finance centre in the western hemisphere,” he says. “London has a critical mass of qualified professionals in this area and English law is quite often used to govern Islamic financial transactions.

The Shard, Battersea Power Station and Chelsea Barracks – three iconic London construction projects – were all three built using Sharia-compliant finance, for example.

Becoming Sharia Compliant Investors

Aside from not charging interest, what does it take to be a Sharia compliant investor? The answer breaks down into three parts: there are the rules governing the structure of the investment, the types of real estate finance vehicles and the type of asset that is allowed.

First, the structure. Because of the ban on interest, the investor, in effect, becomes a business partner with the entity that is raising money. The return comes from the revenues that the asset generates, not from debt interest. “In Sharia compliant investments, the lender must risk something,” says Sgobba.

Broadly speaking, there are two types of Sharia compliant financial vehicles: one is asset based and the other is asset backed. The difference lies in the security available to the investor in the event of a default. In an asset-based vehicle, the lenders can demand only that the originator of the investment sell the underlying asset, after which time they become unsecured creditors.

By contrast, with an asset-backed vehicle, the creditors have a claim to the underlying asset itself.

As for the lists of allowable real estate investments, this would normally exclude bars, gambling premises, breweries and distilleries. The hospitality sector is generally shunned by Saudi and Kuwaiti investors because of links to the sale and consumption of alcohol and other forms of entertainment.

Some investors would allow hotel investments provided revenues from alcohol sales are less than five per cent of what the asset generates.

The independence given to scholars and investors in interpreting Islamic principles has widened the spectrum of what is deemed Sharia compliant investing.

“There are many different opinions as to what is Sharia compliant investment,” he says. “There may be hundreds of qualified scholars across the world, but only a few who have gained recognition from the financial industry and Islamic investors alike.”

“Each deal is ultimately passed through a board of scholars to see whether the established criteria for any investment are met.”

Social Islamic Investments

In recent years, Islamic investment activity has moved away from “trophy” assets such as large income generating office buildings and towards social investments with a steady return: healthcare and senior housing are proving popular.

“Charity is a core practice in Islam, and investments in socially beneficial transactions can be seen as a form of sadaqah, a discretionary and discreet act of charity” he says.

“Some corners of the finance industry understand Sharia compliance in terms of the boundaries of what is allowed under Islamic law. Whereas other investors actively seek opportunities that are not only compliant with, but supportive of, their faith. For example, investing in a luxury development may be compliant with the Sharia but it is not a beneficial act in itself, yet investing in senior housing is a good deed as well as good business.”

This post is also available in: Arabic

Gaurav Shivpuri

Author: Gaurav Shivpuri

Gaurav has over 20 years of experience in the real estate and hospitality sector with extensive involvement in investments, fund raising, advisory and operations of mid and large scale real estate projects.

Thirteen of these years have been spent in the Middle East where he has worked across 15 countries on single asset, mixed used and master plan projects totalling over US$ 20 billion in investment.

Over the past three years, he has been involved in over US$ 2 billion of real estate transactions across the GCC across different real estate assets classes and has advised leading regional and international investors on investments and divestments in the region. Prior to that, he had been involved in three pan-regional real estate funds where he was involved in conceptualising, structuring and raising for over US$ 500 million of fund corpus .

Gaurav holds an MBA from Cornell – Essec, Paris with a speciality in Real Estate Finance.

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