دور التقنية المعاصرة في إزالة الغرر عن بيع العين الغائبة

الملخص EN

The importance of this topic (the role of contemporary technology in removing an ambiguity from non-present asset) appears for being highlighting some of the modern application of the sale of non-present asset from the place of the contract and there is no doubt that the early traditional scholars have discussed the issue.

Therefore this research aims to focus just two type of application of this contract namely: supply contract and sale of canned food to examine its permissibility and how much of ambiguity has been embodied with.

The research has used inductive and analytical approach to deliberate on the various juristic opinions and their evidences in these two modern application of this contract In addition, some of laws which are relevant to the sale of non-present asset as well as the sale of canned food which are applied in some countries have been discussed.

As part of field study, the research has conducted a library research method to collect a various juristic opinions about ambiguity from reliable book of every Mazhab as well as many modern references.

This study has reached to several significant findings; among them is that there is no textual evidence from the Quran that prohibits the ambiguity.

However, there are many Hadiths of the prophet that touches illegality of any contract that may contain an ambiguity, furthermore, a sale of non-present contract and sale of canned food have been considered valid although it my intersperses a little matter of an ambiguity due to removal of hardship from the Muslims in their dealings.