THE ELEMENT OF GHARAR IN ISLAMIC TRANSACTION

THE ELEMENT OF GHARAR IN ISLAMIC TRANSACTION

HUKM OF GHARAR

INTRODUCTION TO GHARAR

CLASSIFICATION AND EXAMPLE

• In Islamic Law, the purchase of this gharar is forbidden and prohibited.
• One of them is the hadith narrated by Abu Hurairah says: نهى رسول الله صلى الله عليه وسلم عن بيع الحصاة وعن بيع الغرر "Prophet forbide al-Bashah purchase and sale ghahar".
• رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعِ الْحَصَاةِ وَعَنْ بَيْعِ الْغَرَرنَهنَهَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ َى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعِ الْحَصَاةِ وَعَنْ بَيْعِ الْغَرَر

HADITH :

GROUP NAME : (NEW STAR)

MAU BAGI BERAPA BINTANG YAA?

GHARAR KHATHIR (FAHISH)

• This kind of gharar can damage the aqad. It is an excessive gharar that can lead to void the contract.
• For example, selling fruit before the fruit appears. But if sold during the fruit is almost ripe, then it's simple gharar. Or rent a home without any written contract. This leads to the risk of being driven at anytime. It can happen in a fight between landlord and tenant. Or invest or owed ​​by a person ( with friends on trust ) without written transactions. This must be avoided not only because it ghahar but to avoid misunderstandings heartbeat heirs if one of the parties dies.

GROUP MEMBERS :

• NUR SYAHIRAH NADIAH BINTI ZULKIFLI
• MOHAMAD AKMAL BIN AHMAD
• MUHAMAD AIDEED BIN IDRIS
• MOHAMMAD RIZHA BIN HUSSEIN
• NUR ARINA DAYANA BINTI ISMAIL

CLASSIFICATION AND EXAMPLE

"RASULULLAH SALLALLAHU 'ALAIHI WA SALLAM MELARANG DARIPADA BERJUAL BELI DENGAN KEWUJUDAN KETIDAKJELASAN (AL-GHARAR)." (HADIS DIRIWAYATKAN OLEH IMAM MUSLIM, KITAB AL-BUYU' BAB TERBATALNYA TRANSAKSI AL-HASHAH DAN SELURUH JUAL-BELI YANG MENGANDUNGI UNSUR GHARAR, NO.1513).

AND DO NOT EAT UP YOUR PROPERTY AMONG YOURSELVES FOR VANITIES, NOR USE IT AS BAITS FOR THE JUDGES, WITH INTENT THAT YE MAY EAT UP WRONGFULLY AND KNOWINGLY A LITTLE OF (OTHER) PEOPLE'S PROPERTY.

(AL-BAQARAH 2:188)

GHARAR MUTAWASSIT

• This kind of gharar do not damage the aqad.
• For example, selling a home without seeing at the poles.

EXAMPLE OF GHARAR

GHARAR YASIR

• It is a trivial gharar which can be considered and justified. It also did not damage the aqad.
• For instance, sold a piece of land, but we are not sure what is in the soil. There may be a lots of precious metals or stones or the soil is soft. Or sell goods in the tin. This ghahar not aqad spoils.

VENUES

• Sale of an item is yet to be owned and is difficult to be acquired by the seller, such as selling a horse that has escaped, or a lost car that is yet to be retrieved.
• Sale of an item that is not described properly.
• Sale of an item where the price has not been finalized.
• Sale of an item where the price is dependent on circumstances.
• Sale of an item without a proper description that can avoid dispute, eg. selling a garment in a plastic packaging without allowing customers to inspect it.
• Sale of an item that is attached with conditions which are ambiguous, eg. if my friend arrives or if the price goes up etc.

WHAT IS GHARAR

Some of the venues that Gharar may occur are:

1) Type, shape, quantity, weight and sum.

2) Due to delivery time.

3) Due to price value and payment method.

4) Due to ambiguity in ownership and the capacity of asset owner.

LITERALLY

• UNCERTAINTY, AMBIGUITY, DANGER OR PERIL.

TECHNICALLY

• TO AMBIGUATE IN A CONTRACT THAT MAY LEAD TO UNKNOWN RESULTS.

An Islamic finance term describing a risky or hazardous sale, where details concerning the sale item are unknown or uncertain. Gharar is generally prohibited under Islam, which explicitly forbids trades that are considered to have excessive risk due to uncertainty.

Gharar means doubtfulness or uncertainty as in the case of not knowing whether

something will take place or not; this excludes the unknown. Ibn Abidin defines Gharar as ‘uncertainty over the existence of the subject matter of sale’. This definition is shared by Hanafi and Shafi’i Schools.

ISSUE RELATED TO GHARAR

EXAMPLE FROM MODERN TRANSACTION

EFFECT / IMPLICATION

GHARAR VS RISK(GHURM)

Risk(Ghurm)

Gharar

Allowed in islam, as per islamic legal maxim

-No Risk No Gain

Prohibited (eg: selling fish in the sea, birds in the sky

Permissibility in

Islam

Characterictic

Unnecessary, avoidable, intentionally created

Inherent in productive economic activities

COMPETITION

• A certain competition is considered HARAM when a contestants are required to pay a registration fee for a competition in which winning depends on luck.
• Furthermore, the prizes awarded by the organizer are from the registration fees.

CHARGES BY DOCTORS, CONSULTANTS AND MECHANICS

• Question: After experiencing some pain in my leg, I was referred to an orthopedist. He instructed me to do a blood test, urine test and foot x-ray. After a five minute consultation, I was sent home and asked to come back for review the next day. My bill was almost RM 400 and the five minute consultation fee was RM 60. The details of the bill are stated on the receipt.
• What is the ruling of such charges?
• Answer: There are elements of Gharar and Jahalah in the charges.
• Jahalah means lack of clear and accurate information on the item being bought or the price to be paid.

Not stipulating price or

product specification

in a sales contract

Risks of trading, doing business, making investments

Common day

example

Effect

Encourage entrepreneurial spirit and productivity

Exploitation for self

interest, can lead to harm

and injustice

CONCLUSION

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