Fiqh Muamalat with Islamic Economics

Only available on StudyMode
  • Download(s) : 106
  • Published : April 12, 2013
Open Document
Text Preview
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 ابن عمر رضى الله عنهما قال – ابتعت زيتا فى السوق ( أى اشتريته ) فلما استوجبته لقينى رجل فأعطانى فيه ر بحا حسناً , فأردت أن أضرب على يد الرجل ( بما يفيد القبول ) فإذا برجل يأخذ بزراعى من خلفى , فإذا هو زيد ابن ثابت فقال لاتبعه حيث ابتعته حتى تحوزه الى رحالك.

Types of gharar and examples:

ومن أمثلة بيع الغرر : بيع السمك فى الماء والطير فى الهواء والأجنة فى بطون الأمهات والعبد الآبق والبعير الشارد واللبن فى الضرع وعسب الفحل أو بيع المضامين والملاقيح .

Selling fish in water( before it has been caught), birds in the air, fetus in the wombs of their mothers ( cattle's females), unripe fruits, grains before becoming hard, milk in the udders, wool on the back of animals and sheep, absent sale, two Sales in one, down payment, what is hidden underground or beneath the earth, the fugitive slave, the straggling camel and selling what is not in one's possession or undeliverable and non-

1- Contracting on a non-existent object
The majority of the Islamic jurists have absolutely banned the sale of non-existent object because it involves Gharar element. The banning here means that goods not to be sold before its possession. When Hakim Ibn Hozam asked Allah's Apostle saying: "some people ask me to sell something which is not in my possession; I go to the market and buy it. Allah's Apostle said," does not sell what is not in your possession".

2 – Prohibition of selling fruits until it
Starts to ripen.

Yahia related on the authority of Malik, on the authority of ibn Omar, that the messenger of Allah (pbuh) forbade selling fruit until it had started to ripen. He forbade the transaction to both the buyer and the seller. (Agreed upon)

3 - Two Sales in one (double Sale)

A double sale is among the prohibited sales.
Abu Hurairah narrated that the messenger of Allah (pbuh) said," Whosever sells two sales in one, will have the worst of them or riba.

Two sales in one have been interpreted as follows:

A – It is to sell for two prices, one for immediate sale and the other for selling on credit. The later price is higher for delaying payment to a future date.

B – It is to stipulate in a sale contract another contract. For example you say I am willing to sell you this building for such a price on condition that you sell me your car.

C – To sell two assets for a total price , not limiting the price of each. If you have to return one of them for a defect, there will be a problem. That is the price of the returned asset which is unknown to the purchaser. This will certainly to dispute and litigation.

4 -Down payment
(Arboun Sale)

"Arboun sale" occurs when a person buys something and pays a sum of money in advance to the seller. If the transaction is completed, the money paid by him is

Considered a part of the price, and if not nothing to be repaid to the buyer who loses all what he has paid. This transaction is prohibited in Islam because it involves devouring the property of other people falsely.

Selling fetus in the wombs 5 -
Of the cattle

The Messenger of Allah prohibited buying or selling what is still in the wombs of the cattle until they give birth.

The Apostle of Allah forbade the sale of the off-spring of the she-came which is still in...
tracking img