A method of possession transfer whereby an asset (or any form of wealth) is gifted to another party for free- without anything in return or against no compensation (iwadh). It is a type of transaction in which one party doesn’t require any compensation for an object or a source of wealth he / she presents to the other party. Absence of compensation is a basic feature in this type of noncommutative transactions. Shari’a considers hiba (pl. hibaat) permissible (particularly according to the primary sources of shari’a and ijma’a– consensus). However, contingency- i.e., making hiba contingent upon an action or facility renders hiba impermissible. For example, hiba is impermissible if al-wahib (gift provider, donor, etc) intends to facilitate injustice or to bribe people in positions of power or authority. Shari’a also detests the use of hiba as a means to show off or to build a reputation for generosity.
Islamic Finance
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