Lease, agency and service contracts

Letter of guarantee

A bank's written guarantee to a beneficiary; AAOIFI and Bank Negara Malaysia take different positions on charging for it.

A letter of guarantee is a written undertaking by a bank to pay a beneficiary if the bank's customer fails to meet an obligation. AAOIFI's guarantees standard does not permit a fee charged as consideration for the guarantee itself, because the amount and duration would then be priced, but allows the applicant to bear administrative expenses at a level not exceeding what others charge for the service. Bank Negara Malaysia's kafalah policy document allows the guarantor to charge a fee, either fixed or as a percentage of the guaranteed amount. Fee design therefore depends on which authority governs the product.

Sources

This entry explains a term; it is not a Shariah ruling. Approving a product is for each institution's own Shariah board and regulator.

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