Tanazul in Sukuk Issuances: A Critical Analysis of the Malaysian Applications

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Tanāzul (waiver) is a common feature applied in ṣukūk issuances in the context of the Malaysian Islamic financial industry. Despite its common use, the application of tanāzul remains debated among contemporary Sharīʿah scholars, particularly in the structures of mushārakah and muḍārabah ṣukūk. This ongoing debate is due to the fact that the classical jurists had different opinions on this matter. Hence, research is crucially needed to analyze the application of tanāzul in mushārakah and muḍārabah ṣukūk and to examine the true nature of tanāzul from the Sharīʿah perspective.

The terms tanāzul, isqāṭ and ibrāʾ, all of which literally denote waiver, are interrelated and are frequently used interchangeably. Hence, to obtain a clear insight on the concept of tanāzul from the Sharīʿah perspective, this study analyzes the discussions on the concept of isqāṭ and ibrāʾ in classical fiqh literature and contemporary academic writings. A comparative analysis has been done to examine the relationship between the three terminologies.




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