The study of Gharar and feasibility of its effective rate on dealings in Islamic jurisprudence
One of the factors in validity of deals is Gharar. Although all of the jurists consider Gharar as one of the factors effective regarding the validity of the contract but some of the contracts and deals can be considered valid with existence of Gharar and some may be considered invalid. This may be i...
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University of Kurdistan
2023-03-01
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| Series: | مطالعات تطبیقی فقه و اصول مذاهب |
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| Online Access: | https://mfu.uok.ac.ir/article_62745.html?lang=en |
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| author | Mohammad jamali |
| author_facet | Mohammad jamali |
| author_sort | Mohammad jamali |
| collection | DOAJ |
| description | One of the factors in validity of deals is Gharar. Although all of the jurists consider Gharar as one of the factors effective regarding the validity of the contract but some of the contracts and deals can be considered valid with existence of Gharar and some may be considered invalid. This may be indicative that scale of Gharar may be an effective on the decree of the deals. With studying the saying of jurists we can conclude that they did not introduce the factors of the scale of Gharar. Some of the jurists say that custom is the deciding factor and others considers the severity as a factor but they don’t introduce a criterion to measure its severity. Its seems that leavimg it to custom or introducing a vauge criterion is not right and there should be a specified criterion. Based on reviewing the texts of Quran and Sunna, including the first and last verses of surah Muzamal as well as two Hadiths “one third and one third is a lot” and “the food of two is enough for three” it can be said that there is a measure and a rule between small and large Gharar affecting the validity and invalidity of a contract. |
| format | Article |
| id | doaj-art-cd008149c81142c7a8989db3ac704a48 |
| institution | Kabale University |
| issn | 3041-8682 |
| language | fas |
| publishDate | 2023-03-01 |
| publisher | University of Kurdistan |
| record_format | Article |
| series | مطالعات تطبیقی فقه و اصول مذاهب |
| spelling | doaj-art-cd008149c81142c7a8989db3ac704a482024-11-08T13:35:38ZfasUniversity of Kurdistanمطالعات تطبیقی فقه و اصول مذاهب3041-86822023-03-016112510.22034/MFU.2023.62745The study of Gharar and feasibility of its effective rate on dealings in Islamic jurisprudenceMohammad jamali0Assistant Professor, Shafi'i Jurisprudence Department, Faculty of Theology and Islamic Studies, University of TehranOne of the factors in validity of deals is Gharar. Although all of the jurists consider Gharar as one of the factors effective regarding the validity of the contract but some of the contracts and deals can be considered valid with existence of Gharar and some may be considered invalid. This may be indicative that scale of Gharar may be an effective on the decree of the deals. With studying the saying of jurists we can conclude that they did not introduce the factors of the scale of Gharar. Some of the jurists say that custom is the deciding factor and others considers the severity as a factor but they don’t introduce a criterion to measure its severity. Its seems that leavimg it to custom or introducing a vauge criterion is not right and there should be a specified criterion. Based on reviewing the texts of Quran and Sunna, including the first and last verses of surah Muzamal as well as two Hadiths “one third and one third is a lot” and “the food of two is enough for three” it can be said that there is a measure and a rule between small and large Gharar affecting the validity and invalidity of a contract.https://mfu.uok.ac.ir/article_62745.html?lang=eninductionone-thirdtransactionslimit of less and muchscale of gharar. |
| spellingShingle | Mohammad jamali The study of Gharar and feasibility of its effective rate on dealings in Islamic jurisprudence مطالعات تطبیقی فقه و اصول مذاهب induction one-third transactions limit of less and much scale of gharar. |
| title | The study of Gharar and feasibility of its effective rate on dealings in Islamic jurisprudence |
| title_full | The study of Gharar and feasibility of its effective rate on dealings in Islamic jurisprudence |
| title_fullStr | The study of Gharar and feasibility of its effective rate on dealings in Islamic jurisprudence |
| title_full_unstemmed | The study of Gharar and feasibility of its effective rate on dealings in Islamic jurisprudence |
| title_short | The study of Gharar and feasibility of its effective rate on dealings in Islamic jurisprudence |
| title_sort | study of gharar and feasibility of its effective rate on dealings in islamic jurisprudence |
| topic | induction one-third transactions limit of less and much scale of gharar. |
| url | https://mfu.uok.ac.ir/article_62745.html?lang=en |
| work_keys_str_mv | AT mohammadjamali thestudyofghararandfeasibilityofitseffectiverateondealingsinislamicjurisprudence AT mohammadjamali studyofghararandfeasibilityofitseffectiverateondealingsinislamicjurisprudence |