Controls of Gharar in Financial Transaction - Appendix C (Definitions)

Transcription

1. Shari ’ah Standard No. (31): Controls on Gharar in Financial Transactions Appendix (C) Definitions Ghurur and Taghrir (Deception) The difference between Gharar, and (Ghurur or Taghrir) is that the latter results from a statement, or an act, or a position which a person resort to for the sake of deceiving others, whereas Gharar does not involve any deception. Jahalah (Ignorance) The difference between Gharar and Jahalah is that Jahalah refers to lack of knowledge about the details of something, in spite of knowledge about its occurrence. In this sense, Gharar is more comprehensive than Jahalah. Therefore, all things that are unknown involve Gharar, whereas not all things that involve Gharar are unknown. Qimar (Gambling), Murahanah (Betting) and Gharar Gharar is similar to Qimar and Murahanah in that it entails a result which could be accomplished or not. However, Gharar does not resemble Qimar and Murahanah in constituting a means that each party uses for acquiring money from the other party. Therefore, Qimar is more specific than Gharar, because not all Gharar is Qimar. Definition of the Mudaf (Postponed) Idafah (postponement), refers to delay of the contract’s effectiveness to a specific time in the future, and hence Idafah does not involve uncertainty like Gharar. 788