A Comparative Analysis of Tanazul And Conditional Hibah In Preference Shares

Abstract

Conditional hibah has been proposed to be practiced in preference shares as an alternative to tanazul which has triggered some of the shariah issues in recent practice. Although the use of tanazul is permissible, some of the shariah issues that arise in the practice of tanazul made it improper to practice. In a sequence, a conditional hibah has been proposed as an alternative. Thus, this study attempts to compare between the application of tanazul and conditional hibah in the preference shares. This article will compare both (tanazul and conditional hibah) through five aspects specifically definitions, utterance of offer and acceptance, pillars and conditions, results and transfer of ownership. This study is a qualitative study using content analysis method. The data was analized using descriptive and deductive techniques. The findings showed that although tanazul and conditional hibah are seen to be similar and have the same ultimate effect of nullification of rights, however the terms and elements used between them are different.