This document differentiates between two types of gifts under Islamic law: Hiba and Shartul-iwaz. Hiba is an unconditional gift where ownership is transferred without consideration or agreement for return. Shartul-iwaz is a conditional gift where there is an express agreement for the recipient to return a gift. Some key differences are that delivery of possession is essential for Shartul-iwaz but not for Hiba, and that Shartul-iwaz is irrevocable only after the performance of the promised condition while Hiba is generally revocable.

1. DIFFERENTIATION
BETWEEN
©KNOWLAWW

2. Hiba Hiba – bil – iwaz Hiba – ba –
Shartul – iwaz
1 Ownership in
property is
transferred
without
consideration
Ownership in
property is
transferred
without
consideration
called iwaz. But
there is no express
agreement for a
return or iwaz, i.e.
to say, the return
is voluntary.
Ownership in
property is
transferred
without
consideration
called iwaz.
There is an
express
condition with
the gift for
return.
2 Delivery of
possession is a
condition
precedent for
the validity of
the gift.
Delivery of
possession is not
essential.
Delivery of
possession is
essential.

3. 3 Gift of
MUSHAA
where a
property is
divisible is
invalid.
Gift of a
mushaa
lawful even
where the
property is
divisible.
Gift of a mushaa
lawful even where
the property is
invalid.
4 Barrign few
exceptions, it
is revocable.
Irrevocable
from the
moment of
its making.
Irrevocable after
the performance of
the promised
condition but not
before.
5 It is a pure
and simple
gift.
It is like a
contract of
sale
In its inception, it
is like gift, but
operates as a sale
when the promised
condition is
performed.