AMBIGUITY IN THE OBJECT OF TRANSACTION AND ITS REMOVAL

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

MOUSAVI BOJNOURDI S.M.; SHIRAZI MOHAMMAD REZA

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2008 | Volume:4 | Issue:13 Page(s): 125-161

Download Full-Text

Persian Verion

View:

5,328

Download:

Cites:

Information Journal Paper

Title

AMBIGUITY IN THE OBJECT OF TRANSACTION AND ITS REMOVAL

Author(s)

MOUSAVI BOJNOURDI S.M. | SHIRAZI MOHAMMAD REZA | Issue Writer Certificate

Keywords

AMBIGUITY IN THE OBJECT OF TRANSACTIONQ3

GHARARQ3

IGNORANCE ABOUT TRANSACTIONQ3

Abstract

AMBIGUITY IN THE OBJECT OF TRANSACTION may cause a transaction to be void. In this article we study this matter and the necessity for its removal from transactions. The jurists for the matter refers to the Prophet’s tradition of “Gharar”, although some of them have carped about its authenticity. However some jurists referring that most of contracts are based on the manner of sages, believe that there is no necessity for tradition and consensus in order to proving the rule of “Gharar”. Therefore the manner of sages is not specific for transaction and may be extended to other types of contracts.Ambiguity leads to invalidity of contract and the transacted objects shall be immediately returned to their original owner.When the ambiguity has passed its normal extent and can be deemed as gamble, it causes cancellation of the contract; and therefore, the legislator have demurred some specific cases in a special way in order to promote beneficence and to develop social cooperation and communion.

Cites

AN APPLICATION OF GAME THEORY IN ISLAMIC ECONOMICS

References

No record.

Cite

APA: Copy

MOUSAVI BOJNOURDI, S.M., & SHIRAZI, MOHAMMAD REZA. (2008). AMBIGUITY IN THE OBJECT OF TRANSACTION AND ITS REMOVAL. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 4(13), 125-161. SID. https://sid.ir/paper/134134/en

Vancouver: Copy

MOUSAVI BOJNOURDI S.M., SHIRAZI MOHAMMAD REZA. AMBIGUITY IN THE OBJECT OF TRANSACTION AND ITS REMOVAL. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2008;4(13):125-161. Available from: https://sid.ir/paper/134134/en

IEEE: Copy

S.M. MOUSAVI BOJNOURDI, and MOHAMMAD REZA SHIRAZI, “AMBIGUITY IN THE OBJECT OF TRANSACTION AND ITS REMOVAL,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 4, no. 13, pp. 125–161, 2008, [Online]. Available: https://sid.ir/paper/134134/en

Related Journal Papers