Al-Gharar (Uncertainty and Excessive Risk Tasking)
Mahmood Mohamed Sanusi, 2017 (Hardcover)
ISBN 978-967-0149-92-9, 128 pages, RM78.00
Publisher: Islamic Banking and Finance Institute Malaysia (IBFIM)
The Prohibition of the doctrine of gharar is considered one of the fundamental (usul) elements of Islamic commercial law (mu’amalat), which are comparatively unknown to the Western legal systems. Therefore, the true definitions, meanings, and attitudes need to be emphasized and understood according to the Islamic law and Shari’ah perspective. There is a need to re-examine and shed light on many issues which relate to the doctrine of gharar. Al-Sanhuri ‘s book fills a substantial gap in the literature with his critical analyses of the issues relating to the doctrine of gharar. Importantly, it also presents a comparative study with the Western legal systems.