Fiqh Muamalat with Islamic Economics

2681 WordsApr 12, 201311 Pages
Uncertainty (Gharar) عقد الغرر Definition of Gharar: Literally: Gharar means risk, deceit, or hazard. Taghrir is the verbal noun of Gharar. Legitimate definition: Ibn Hazm said, Gharar in sales occurs when the purchaser does not know what he has bought and the seller does not know what he has sold. Al-Sarkhasy: One of the most famous jurists of Hanafi school said:" Gharar occurs when consequences are concealed." Al-Zailii: A famous jurist of the same school said' "Gharar occurs when consequences are unknown and when it is not certain whether something will take place or not." Ibn Abdinsaid," Gharar is uncertainty over the existence of sold object. Ibn –Taymiya said, "It occurs when the sold object is undeliverable. وعن…show more content…
There are two main types of Gharar namely: First, Gharar fahish (Major Gharar) and second, Gharar Yasir (Minor Gharar). Gharar fahish is a great uncertainty and the product cannot be measured, so the contract is ambiguous. On the other hand, gharar( yasir) is a small gharar, for example; a hotel charges the customer the same prices even though the criteria of the customers are different. Classification of Gharar Gharar oscillates between being excessive and slight, In real life Gharar like uncertainty cannot be avoided totally. Al-Shatibi says “to remove all Gharar from contracts is difficult to achieve, besides, it narrows the scope of transactions. Jurists agree that the Gharar which affects the contract, is the excessive Gharar while a slight Gharar has no impact at all. Slight Gharar . It can be represented in the following: 1- Selling a lined overcoat though its lining is not seen. 2- Selling a house though its foundations have not been seen. 3- Renting a house for month, where the month can be thirty days or thirty one. Excessive Gharar: It is such as: 1 - Selling the unborn animal without its mother. 2. Selling fetuses and embryos. 3. Selling the find of the diver in advance. 4. Selling an object of unknown genus. 5. Deferment of price to an unknown future date. 4- Gambling (al-qimar) Definition of Gambling: Every transaction in which gain

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