Financing Build Operate Transfer Projects: An Islamic Legal Analysis

This book begins with the introduction of the nature and problems of financing BOT project from the Shariah perspective. The emergence of financing green field projects using BOT financing together with the development of Islamic capital market raised the issue of Shariah compliance of the concept. In depth study on BOT is illustrated in Chapter Two by examining the history and evolution of BOT in the light of privatization policy. The following chapter examines the current practice of financing BOT project in Malaysia and other part of the world. Common features of current BOT projects are discussed by pointing out the strength and weaknesses of each case. Problematic projects are evaluated by identifying the common issues and steps to overcome the problems. Shariah analysis of BOT and its financing contracts is analysed in Chapter Four. Then, Chapter Five outlines the current practice of financing BOT projects using Islamic securities. Chapter Six forwarded the proposed maqasid oriented BOT structure applicable to both categories of projects, normal, and waqf. Finally, conclusion and recommendations are provided for the improvement and establishment of Shariah oriented BOT.