Jurisprudential Study of Gharar Sales with Emphasis on Sheikh Morteza Ansari’s Views in the Book Al-Makasib and Analysis of Its Contemporary Applications (A Comparative Study)

Royaei, Shahabeddin; BazrPach, Hamid

doi:10.22054/jocl.2025.8563.49585

Jurisprudential Study of Gharar Sales with Emphasis on Sheikh Morteza Ansari’s Views in the Book Al-Makasib and Analysis of Its Contemporary Applications (A Comparative Study)

Articles in Press

Document Type : Original Article

Authors

Shahabeddin Royaei ¹

Hamid BazrPach ²

¹ Doctoral Student, Law Department, Karaj Branch, Karaj, Iran

² Associate Professor, Department of Law, Karaj Branch, Islamic Azad University, Karaj, Iran.

10.22054/jocl.2025.8563.49585

Abstract

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.

Keywords

Bay' al-Gharar

Gharar

Sheikh Ansari

Makasib

Islamic transaction law

civil law

contemporary finance