INFLUENCE OF UNCERTAINITY ON CONTRACTS IN ISLAMIC LAW OF OBLIGATIONS

In Islamic law of obligations, commercial purchases and sales prohibited due to uncertainty and double-sale convey the reason of wisdom. This is due to the fact that when we have a look at the reasons why the deals, where obscurities and uncertainties exist, we find the disputes between individuals and their efforts to grasp another’s goods in illegal way. Therefore, in order these unwanted events not to happen, a number of conditions have been proposed to establish contracts in accordance with Islamic Law. One of these conditions is the nonexistence of uncertainty in any stage of the contract. In present century, economic activities develop in parallel with the technological developments. As economy develops, many new issues and contracts, unavailable in the past, such as stock market, insurance and online shopping emerge. There are many arguments about the legal status of these new issues and contracts. Since it is too difficult to handle all arguments on these issues related to fiqh in this study, it is found appropriate to handle merely three issues in respect to uncertainity. In this manuscript, uncertainty is dealt with under two headings theoretically and practically. In the first heading, identification and parts of uncertainty are studied, while in the second heading, the influence of uncertainty on the legal provisions of some current issues is discussed. As a result of the study, it was concluded that a total uncertainty invalidated the contracts, while contracts prepared with few uncertainties gave harm to the contracts