سید حسین میرجلیلی

Financial Sector includes financial institutions, financial instruments, financial markets, regulations over the financial sector, and policy-making organizations in the financial sector. Financial institutions that collect deposits of the public are consist of governmental(governmental and developmental) and private banks, non-banking financial institutions, credit unions, and Gharz-ul-Hassanah Funds. Commercial insurance companies, social insurances, pension funds are contractual financial intermediaries within the Iranian economy. Investment companies that invest in securities act as investment financial institutions. In the money market, there exist banks, non-banking financial institutions, credit unions, and Gharz-ul-Hasanah Funds. The most important capital market institution in Iran is the Tehran Stock Exchange and there is no derivatives market. Financial instruments within the financial sector of the Iranian economy are stocks, Participation certificates of advantageous projects, and short term and long term deposits in banks. The major regulations over the financial sector in Iran are the law for interest-free banking operation, monetary and banking law, establishment law for securities exchange and the law for issuance methods of participation certificates, and the establishment law for central insurance of Iran and insurer. Some of the challenges within the financial sector of Iran are as follows: Bank-base-system of the financial sector, government's intervention in profit rate assignment and provision of compulsory facilities, lack of presence of private sector within the derivative market, taking effects of monetary policy from fiscal policies and the non-diversified securities within the capital market.

After the Islamic Revolution in Iran, investing in bonds by the private sector was recognized as incompatible in accordance with Islamic jurisprudence. Therefore Musharakah certificate substituted bond. Musharakah sukuk is bearer or registered securities issued based on certain par value for the certain period of time and sold to the investors which want to participate on execution of projects. Issuer, subject-matter of participation, on-account profit, agent and Trustee are the components of the sukuk in the Law concerned. Development of Musharakah sukuk in two phases, from it's commence in 1994 to now was explained in the article with the characteristic of some projects. In spite of remarkable successes of Musharakah sukuk in Irn, it faces some challenges.