أحكام الغرر في عقود التبرعات : دراسة فقهية مقارنة

Abstract EN

The problem of research embodies in the occurrence of ambiguity, usually, in all the contracts; which inflicts a controversy between the contracting parties and seldom leads to the courts of law in order to settle the dispute between them because of the ambiguous posture of one of them.

The research aims at detailing the rules pertaining to ambiguity in voluntary contracts within the Islamic jurisprudence, paving a way for the contracting parties so that none of them fall prey to the ambiguity causing harm to the other.

The researcher has adopted the inductive, analytical and comparative approaches, by exploring the views of jurisprudents related to the subject of the research, followed by a comparison between them and analysis of those before reaching a preference and adopting the superior of the views.

The researcher derived some crucial conclusions, prominently: The ambiguity is forbidden in Islam as it involves a bunch of Shari’ah evils; the ambiguity refers to involve a type of risk wherein a person remains uncertain about the accomplishment of the desired; The ambiguity is permissible on the basis of need, if left will lead to a more severe evil or hardship; if the ambiguity is negligible doesn’t matter; the voluntary contracts are different in nature than exchange contracts, since the exchange is based on the mutual benefit while the volunteering is an act of benevolence and awarding by the volunteer; the ambiguity has no effect in the voluntary contracts, since it represents benevolence and award which does not lead to the disputes and arguments, moreover it is to free the liabilities and foregoing the debts; the will is valid along with ignorance, if a person makes a will in favor of the other for a part of his wealth, it remains valid, although not defined in terms of quantity and type.