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Jurisprudence Explanation of Aleatory Contract and its Examples in Market Economic Interactions


Affiliations
1 Associate Professor, Department of Jurisprudence, Faculty of Sharia (Islamic Studies), Herat University, Herat, Afghanistan
2 M. A. Private Law, University of Almostafa, Tehran, Iran, Islamic Republic of
     

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From ancient times to the present day, some people have engaged in any kind of bargaining to meet their economic needs so as to benefit from each other's seduction or unjustified persuasion; Islamic jurisprudence has taken this issue with a corrective approach considering its dangerous consequences. The society has turned its attention to this under the heading of aleatory, because such misbehavior may be due to ignorance of the evidence, or ignorance of the attributes, or lack of power to deliver the good by the seller to the customer. The purpose of this study was explaining aleatory, the place of deception in society based on verses and hadiths, its evaluation criteria by the scholars in virtual space such as gold quest, stock market, transaction by chance and internet transactions considering the adverse consequences on the society. This research was descriptive using the method of progressive inference in discovering the meanings of jurisprudence. After explaining the jurisprudential ideas and five hypotheses, the article explained that the aleatory is forbidden in Islamic laws that results from any ambiguity in the source or in its documents. It suggests the agents to avoid such deceptive behaviors in society that lead to conflict and strife.

Keywords

Aleatory Contract, Jurisprudence Explanation, Economic Interaction, Temptation.
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  • Jurisprudence Explanation of Aleatory Contract and its Examples in Market Economic Interactions

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Authors

Abdul Ahad Shafig Faqiri
Associate Professor, Department of Jurisprudence, Faculty of Sharia (Islamic Studies), Herat University, Herat, Afghanistan
Abdul Rahman Salim
Associate Professor, Department of Jurisprudence, Faculty of Sharia (Islamic Studies), Herat University, Herat, Afghanistan
Khadija Mojadadi
M. A. Private Law, University of Almostafa, Tehran, Iran, Islamic Republic of

Abstract


From ancient times to the present day, some people have engaged in any kind of bargaining to meet their economic needs so as to benefit from each other's seduction or unjustified persuasion; Islamic jurisprudence has taken this issue with a corrective approach considering its dangerous consequences. The society has turned its attention to this under the heading of aleatory, because such misbehavior may be due to ignorance of the evidence, or ignorance of the attributes, or lack of power to deliver the good by the seller to the customer. The purpose of this study was explaining aleatory, the place of deception in society based on verses and hadiths, its evaluation criteria by the scholars in virtual space such as gold quest, stock market, transaction by chance and internet transactions considering the adverse consequences on the society. This research was descriptive using the method of progressive inference in discovering the meanings of jurisprudence. After explaining the jurisprudential ideas and five hypotheses, the article explained that the aleatory is forbidden in Islamic laws that results from any ambiguity in the source or in its documents. It suggests the agents to avoid such deceptive behaviors in society that lead to conflict and strife.

Keywords


Aleatory Contract, Jurisprudence Explanation, Economic Interaction, Temptation.