نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Bayʻ al-Gharar (sale involving uncertainty) constitutes one of the most significant subjects in Islamic jurisprudence of transactions, continuously debated among Imami and Sunni scholars. The prohibition of gharar is fundamental to contractual transparency and economic justice. Sheikh Murtadha Ansari's analysis in Makasib provides a systematic framework that distinguishes between effective ignorance and ordinary risk. This study employs a descriptive-analytical method to examine the jurisprudential foundations of Bay' al-Gharar, comparing Imami fiqh, Sunni fiqh, and Iranian civil law. Findings demonstrate that Ansari's criterion of 'effective ignorance causing rational risk' remains applicable to contemporary transactions including digital assets, smart contracts, derivatives, and e-commerce.
کلیدواژهها English