"There's probably no rule that requires that under these exact, specific conditions, you may not invest this way, " says Tamar Frankel, a law professor at Boston University.

WSJ: The Intelligent Investor: Can 'Skin in the Game' Pose Conflicts?

When the parties to a transaction and the professionals facilitating it know that a given transaction format has been used before successfully after being stress tested and enforced in many forums under various circumstances, the risks of the deal are then limited to the specific business terms and market conditions rather than the formalities of the documents and their enforcement.

CENTERFORSECURITYPOLICY: Shariah��s Black Box