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The Absolute Prohibition Of Riba And Gharar Philosophy Essay

The absolute prohibition of riba and gharar in the Qur'an is to establish the economic system from which all forms of exploitation and elimination, in particular, which confirmed the injustice funded by a positive return without risk sharing, while not guaranteed to entrepreneurs, although management and hard work, and return to this result. Prohibition of usury in the Qur'an al-Qaeda and, therefore, a means of establish justice between the financiers and businessmen. Therefore, any attempt to treat the prohibition of riba as a religious isolated and not part and parcel of the Islamic economic system with the spirit of the overall goals and values do not need to create confusion.

literature review

Definition of Riba

Riba is the Arabic word, derived from the verb Raba, which means literally 'grow' or 'expansion' or 'increase' or 'amplify' or 'surplus 0.2' the same moral sense has occurred in many parts of the Al-Quran 'and also) Ahmad at el, 1999).

)Ahmad at el,1999) found ,Definition of riba in fiqh terminology, riba means an increase in one of two homogeneous equivalents being exchanged without this increase being accompanied by a return. The term riba is, however, used in the Shari`ah in two senses. The first is riba al-nasi’ah and the second is riba al-fadl. Some Muslim scholars attempt to define riba which seems to be closer to the sense implied in the verses of the Qur’an and ahadith related to it. They define riba as an increase or excess which, in an exchange or sale of a commodity, accrues to the owner lender without giving in return any equivalent counter-value or recompense to the other party. .

Classical jurists of all Islamic schools of rule see the deficiency of Riba as one of the circumstances for the force of contracts, and apply its veto primarily to sale and trade, but also to other contracts, however, “the exegeses of the Qur'an and the authors of book on usulal-fiqh commence with an explanation of the literal meaning of riba. The literal meaning of riba is stated as increase and growth, either in the form of a self-growth or numerically more when the comparison of two things is intended. It is emphasized that besides its technical and customary meaning among the Arabs in the pre-Islamic era.” (Nomani, 2010).

Riba in Qur`an

There are four fundamental references to riba in the Qur'an. They show the gradual nature of the prohibition (haram). . First, riba is indirectly referred to and destined. "For increase through the property of (other) people, will have no increase with Allah: But that which ye lay out for charity, seeking the countenance of Allah, (will increase): It is these who will get a recompense multiplied."(30: 39). Second, Muslims are reminded of the mistaken doing of Jews in practicing riba in spite of its prohibition in their religion, “Because of the sinfulness of the Jews, We have forbidden to them certain good things that were permitted to them, and for their hindering many from Allah’s Way. And for their taking riba, though they were forbidden, and that they devoured people’s wealth in falsehood, and we have prepared for the unbelievers among them a grievous chastisement” [Al-Nisa` (Women), 160-161]. The third reference to riba is obvious about the punishment of Muslims who practice riba and is explicit about the nature of the riba that is condemned: "Devour not usury, doubled and multiplied; But fear Allah; that ye may (really) prosper"(3: 130(Finally, in the fourth reference to riba, the Qur'an is explicit about the following points: those who "devour" riba must repent and remit the "increase" (i.e., riba ), in which case they can keep the '"principal" or original sum(2: 275-79); [12] the act of bay` (exchange) [13] is permitted while riba is forbidden (2: 275) ; almsgiving or zakat is demanded (2: 277) and it is asserted that believers must not deal unjustly and they shall not be dealt with unjustly {( 2: 279),( Nomani,2010)}

Some insist that this is not forbidden usury riba of the canon but rather indicates

Decent “devouring “ the property of others. According to Nomani (2010), (On the other hand, Tabari asserts that since the riba that was practiced among Jews was similar to that of the pre-Islamic period and that Divine rulings for the Jews and Muslims confirm each other, this riba is the prohibited riba intended for Muslims).

The verses mentioned showing that usury (riba) is illegal condemns all accumulation of wealth at the expense of others, and different practices, whether individuals or countries covered by this ban. The principle is that any profit that the rights should be seeking, through their international exertions of their own country and not through the exploitation of others. Al-Quran with regard to riba practice of the unbelievers, and demanding, as a test of faith, and that it should be abandoned. According to Ahmad at el, (1999), “Those who devour riba will not stand except as one whom Satan has driven to madness by his touch will stand. That is because they say: ‘Trading is like riba’, and Allah has allowed trading and forbidden riba. So to whoever takes the admonition from his Lord, then he desists, he shall be pardoned for the past, and his affair is committed to Allah, but whoever reverts, those are the inhabitants of the Fire, to dwell therein forever. Allah will deprive riba of all blessing, and will give increase for deeds of charity; for Allah does not love any ungrateful sinner’’

A classical scholar disagrees with each other on the extent and clarity of usury (riba) and is forbidden in the Quran. Source of the problem in the lack of clarity of this idea in the primary sources on the one hand, and procedural rules different for thought followed by the different schools of law on the other hand .according to (( Nomani,2010) All schools of Islamic law prohibit transactions that are subject to usury in spite of their methodological and interpretation of the differences that arise. However, this methodology has imposed itself on the preferences of the classic way, as well as contemporary scholars to identify usury in certain contracts. In general , can be divided into the differences between the classical scholars on usury into two clusters. The first category is about the methodological differences, particularly on the linguistic rules for the interpretation and analysis of the actual reason for ban. The aim of this section is to analyze these issues with regard to riba and are usually part of the maxim of assets. And the second category is about the legal differences through practical application of this prohibition,. Such issue And the problems of coverage and application of principles of riba, in respect of articles of foreign exchange, as well as has been applied to regional and personal coverage of the ban and legal entities to circumvent the usury on a large scale.

Gharar

Definition of Gharar

The Jurists differed in the definition of Gharar

First: Gharar means doubt or uncertainty as in the case of not knowing whether will be held something or not, this does not include the unknown. Bin Abdin known Gharar As 'uncertainty about the existence of the sale' this definition is shared between the Hanafi and Shafi'i schools.

Second: Ghara also means unawareness, and this can be when the sale is unknown. Support this view on the virtual school alone. According to AL-SAATI Gharar in the sale occurs when the buyer does not know what he has bought and the seller does not know what he has sold.

Third: Gharar sometimes can be used to mean 'uncertainty' rather than deception. With regard to ambiguity, Islamic law is clear that there should not be located in the contractual agreement. (Ahmad at el 1999)

Fourth: “Gharar means both the unknown and the doubtful. According to Al-Sarakhs Gharar obtains where consequences are concealed. These views are shared by most jurists. There are many disagree between jurists on the degree of uncertainty in a transaction) AL-SAATI, 2003)

First : gharar occurs when it is completely hidden consequences, which means The possibility of taking a value between zero to one. I can understand this from the definition of ambiguity by Sheikh Sarakhsi: "gharar happens when you are hidden consequences" Company Babarti: "gharar happens when the subject matter is" unknown, said Ibn Abidin asserts that "gharar is uncertainty about the existence of the" sale, I'm Taymiyah that "ambiguity is unknown consequences .

Second: gharar occurs when the possibility of equal probability does not exist. According to the company Kasani "gharar is the risk where the probability and the likelihood of the absence of the same value." In Bahr El Zakhkhar He explained that the gharar is oscillation between the occurrence and non-occurrence of any of which may outweigh the others. According to Ahmad Al-Desouki, gharar is oscillation between two things from any one of them is the subject matter.

Third: Gharar occurs when there is no subject in outweigs Exist. According to the company sandy "gharar occurs when there is a possibility of two Things that happen, and probably is the one you fear that happening "(11). To Al-Sharkawi "gharar is oscillation between the two, it is likely to happen is you It is feared that happen "(12). Therefore, we cannot consider the degree of uncertainty or danger to The distinction between prohibited and permitted gharar .

The gharar in shariah

There is no verse in the Quran to prohibit expressly Gharar, and vanity (albatil) prohibited in many of the verses: "And do not devour your property among yourselves unlawfully, or use of bait for the judges "(2:188)." O ye who believe! Do not eat your property among yourselves in vanities, but let this be a movement and you Trade by mutual good will "(4:161). There is a consensus among the translators of the three verses that Gharar is invalid. Ben Arab shows that vanity (Al batil) is illegal because it is prohibited by the Shari'a Such as usury and deceit. In his view, al-Tabari vanity and eating to another Property in a manner not permitted by law, and is Zamakhshari The act which was forbidden by Islamic law, as vanity, such as theft, dishonesty, gambling Decades Gharar. Dr. Darir known ego and (eat in ways that money is expressly prohibited Shariah. Quran explicitly prohibits gambling (gambling) and riba, while the year prohibits the sale of ambiguity, and there are many transactions that can be considered vanities So far not mentioned explicitly in the Koran and Hadith, but left for good Muslim Rule considered (AL-SAATI ,2003(

Well-informed sources through a number of companions of the Prophet that Forbade the Prophet peace are upon him gharar in circulation. Talk as one of the fundamental principles of law for the sale and ground norm to all the rules governing the ambiguity in the contracts. This raises three consequences of modern jurisprudence: 1) Prohibit the sale of Gharar , and this is the result of consensus of the law Scientists... B) The invalidity of contract Gharar, because it is considered null and void by the The consensus of Shariah scholars. C) The prohibition extends to all forms of Gharar.

It was observed for the first time the similarity between gambling and excessive Gharar I Taymiyyah and Ibn al-Qayyim, as it deems gharar as a form of gambling According to Ibn Taymiyyah, "gharar is where he gets cancellation of the results. Surplus Ambiguity and gambling, which is gambling.. When the loss of a camel or a horse, and the owner can sell With the price is very low and very high risks, so if the buyer sees, the seller and tell him, You deceived me and bought the strings with a very low price, but if it cannot be found Buyer complained he did not get a thing for the payment, it will lead to Enmity and hatred among them. The sale of gharar and injustice and arrogance, it is the causes of enmity and hatred in the community

jurists agree that the ambiguity which affects the contract is excessive gharar, because it undermines the validity of the contract, while the slight gharar has no impact on all. With no concept of measuring the gharar, there are wide differences among Scholars in the classification of gharar and its applications. According to AL-SAATI (2003(, There are some cases where the Muslim Unanimously agreed to represent a slight ambiguity, such as

Sell lined overcoat in spite of the lining not be considered.

Selling a house although not considered in the foundations.

rent a house for a month, where it could be the month of thirty days or 31

But there are wide differences between the men of law in cases where the medium oscillating gharar between being excessive and slightly, and its effects on the contract disputed, and this gharar is the most disputed of gharar , where it was agreed on the effects According to AL-SAATI (2003(, such cases as follows:

1. Sale in the amount harvested.

2. Sale in the 'market price', without specifying the exact amount.

3. The sale of the buyer bought the object before he gets it.

4. Selling products that mature in successive phases.

5. The sale of an object does not exist.

6. The share of agriculture

Note Gharar that is slightly from which almost no contract, while the excessive gharar that is dominated by a contract that comes to characterize that.

Terms of degree of gharar is permissible in Islamic transactions, can be gharar Can be categorized into four types:

First: The Prohibited Gharar.

This is the type of gambling and gharar , which involving the idea of voluntary and With deliberate gharar , which also include sterile transfer of money or a good-Individuals, with the addition of any value or that have been created from this matter. According to (AL-SAATI ,2003(The pre-Islamic society known contracts that were loaded with excessive gharar , but Islam came to prevent them specifically because the ambiguity in Including the poor health of them. These are:

"pebble", "touch" and "toss" sales

Sale of the animal that is not born yet, without his mother.

The sale of embryos and fetuses.

The sale of fruits before they appear.

Sale of the animal that was not born yet (Habal-Qaeda, habalah)

for sale and find the Epiphany

The Permissible Gharar:

The hadith (which prohibits gharar) does not intend to the prohibition of all ambiguity because jurists allow some transactions of this nature and ambiguity sell what is hidden in the ground, and the sale of a house in spite of its establishment was not I’ve seen. Modern plans to ban gharar that can cause conflict, and cannot tolerated. This is the essence of rule Istihsan. According to AL-SAATI (2003(, gharar can be permissible when there is no general agreement between the schools Of case law that prohibits such gharar , and the contract, which contains this gharar is not valid. If at least one school in the permit with or without conditions, it is gharar may be considered. The following are some cases may be gharar.

Two sales in One

The option sale (Arbun Sale)

Conditional (Muallaq) Sale:

Gharar in the kind/type of the object

Gharar in the species of the object

Gharar in the attributes of the object

Gharar in the quantity of the object

Gharar due to identity of the object:

Gharar due to delivery time

Gharar due to non-existence of the object

Third: The Acceptable Gharar

That when local or external uncertainties are the main sources of gharar, and this gharar can be considered as unacceptable gharar. Examples of external uncertainty and changes in consumer tastes, technologies and companies to weather conditions, and self-uncertainty, buyer uncertainty about the appropriateness of the seller meets, or the quality of commodities is a buy, or long of the trade which will be. According to (AL-SAATI ,2003( Islamic jurists in the context of the definition of gharar means that risk, and some of them tend to prohibit all risk and gharar, but we found that gambling only, and prohibits such activities. In this context, risk and uncertainty are synonyms for gharar. At the same time, almost all economic activities involving uncertainty or commercial risk or gharar as profits out of them is uncertain.

Fourth: The Mandatory Uncertainty

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In the contract musharakah all parties and partners in the case of profit and responsibility and can ensure a situation of loss and profit is not a minimum of one party or one party is entitled to a share in profit only, while he is making the other party is responsible for the loss of the full length can be made with its share of profit These cases are at variance with Islam. according to AL-SAATI (2003(, In this case, gharar (uncertainty) is a prerequisite for the validity of the contract. This is a firm view on musharakah, leasing and speculative contracts. This is based on the Islamic legal adage that "harm and benefit go hand in hand" and this means that the person who receives the benefit of having something that takes it upon himself also the loss of it.

Conclusion

Classical jurists had a consensus on the prohibition of riba . So far, but they disagreed on the details of the methodology Interpretation of Islamic sources and, thereby, the details of the rule of Interest and jurists with the classical view that the objects of riba is happening in the sale . On the ambiguity of riba injunction, who confirmed the general ban, to clarify and or specify the part of the tradition? They are all that is linked to explain the tradition to contracts of sale and usury in the Koran `Ahdwinabgy be classified as nasi'ah riba al-Qaeda. For this reason and jurisprudence treats the problem of usury in the contract of sale, and more precisely the objects of sale, and that in this context that riba was, and still is, and discussed in detail by jurists. Of course, this does not mean that classical jurists do not recognize the possibility of riba in loans, but only shows that this aspect of the problem is secondary to them, this is the important thing is to distinguish between sales of legal and illegal in relation to interest. In fact, the methodology of jurisprudence that, in theory, methodology, and argument linking riba contracts of sale. The gharar of the most important things that invalidate the contract in Islamic law, but there are transactions award despite the presence of gharar to them, piece, knowing the reasons that have been approved because of some transactions, despite the presence of gharar that can be a basis for the development of certain transactions contemporary characterized by high risk, which is close in the definition of gharar, such as contracts for the future.