Information of Shariah Compliance and Zakat on Shares

Treatment of Shari’ah Non-Compliant Securities

By 21/05/2015 January 10th, 2016 No Comments

Treatment of Shari’ah Non-Compliant SecuritiesFrequently Asked QuestionsHow should I treat Shari’ah non-compliant securities that I currently hold? For investors who invest based on Shari’ah principles, the Shari’ah Advisory Council (SAC) of the Securities Commission Malaysia (SC) advise to dispose of any Shari’ah non-compliant securities which they presently hold, within a month of knowing the status of the securities.

Can the return from the disposal of Shari’ah non-compliant securities be kept?Any return, either in the form of capital gain or dividend, received during or after the disposal of the securities has to be donated to charity. The investors nonetheless have a right to retain the original investment costs.

Can Shari’ah compliant securities be reclassified as Shari’ah non-compliant?Securities can indeed lost their Shari’ah compliant status due to reasons such as changes in business operation. Takeover and merger and acquisition (M&A) can also cause securities to become Shari’ah non-compliant.

How should I treat securities that have been reclassified as Shari’ah non-compliant?For securities that have lost their Shari’ah compliant status, investors must liquidate them promptly. Any capital gain arising from the disposal of these Shari’ah non-compliant securities made at the time of the change-in-Shari’ah-status announcement can be kept by the investors.

Can the disposal of Shari’ah non-compliant securities be done after the announcement day?For disposal after the announcement day, any excess capital gain derived from market price higher than the closing price on the announcement day should be donated to charitable bodies. Nonetheless, investors are allowed to hold their investment in the Shari’ah non-compliant securities if the market price of the said securities is below the original investment costs. It is also permissible to keep the dividends received during the holding period. Once the total amount of dividends received and the market value of the Shari’ah non-compliant securities is equal to the original investment costs, investors are advised to dispose of their holdings. Disposal Price Disposal Date Capital GainHigher than original investment costs On announcement day PermissibleHigher than announcement day’s closing price After announcement day Impermissible

How do I determine the original investment costs?Original investment costs may include brokerage cost or other related transaction costs.Guidance on treatment of Shari’ah non-compliant securities is included in the SAC’s biannual list of Shari’ah compliant securities.

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