In the realm of Sharia-compliant business transactions, we approach each deal with utmost caution, ensuring a thorough review of terms and conditions before finalizing any agreement. One of the things that is prohibited in sharia transactions is to contain elements of Gharar. This is because gharar is an element that can cause losses to one party or both, for this reason, we need to know more about the discussion of gharar. Next, what does ‘gharar’ mean, and are there any different types of it?
This article will discuss the definition of gharar, the legal basis of gharar and the forms of transactions that contain gharar.
Definition of Gharar
Gharar in language means Al-khatr; gamble, majhul al-aqibah: unclear results. Gharar is an action that forms doubts in transactions with unclear elements so that one party can be harmed.
In fiqh terms, gharar is a case, event or event in a trade or buying and selling transaction that is unknown or unclear between good and bad elements that can cause losses to both parties. According to Ibn Qayyim, gharar is an item whose acceptance cannot be measured, whether it exists or not, such as selling wild horses that cannot necessarily be caught, The horse is tangible and visible but there is doubt and uncertainty whether it can be obtained because it is not available object.
Legal Basis of Gharar
The prohibition of transactions that contain elements of gharar is shown through the verse Al Baqarah 188 which states that it is forbidden to take property by false means. It is said to be an unlawful way because gharar contains elements of uncertainty that it can harm others.
وَلَا تَاۡكُلُوۡٓا اَمۡوَالَـكُمۡ بَيۡنَكُمۡ بِالۡبَاطِلِ وَتُدۡلُوۡا بِهَآ اِلَى الۡحُـکَّامِ لِتَاۡکُلُوۡا فَرِيۡقًا مِّنۡ اَمۡوَالِ النَّاسِ بِالۡاِثۡمِ وَاَنۡـتُمۡ تَعۡلَمُوۡنَ
“And do not eat of the wealth between you by false means, and (do not) bribe with it the judges, that you may eat of the wealth of others by way of sin, while you know.”
حَدَّثَنَا مُحْرِزُ بْنُ سَلَمَةَ الْعَدَنِيُّ حَدَّثَنَا عَبْدُ الْعَزِيزِ بْنُ مُحَمَّدٍ عَنْ عُبَيْدِ اللَّهِ عَنْ أَبِي الزِّنَادِ عَنْ الْأَعْرَجِ عَنْ أَبِي هُرَيْرَةَ قَالَ
نَهَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعِ الْغَرَرِ وَعَنْ بَيْعِ الْحَصَاةِ
“Muhriz ibn Salamah al Adani reported: Abdul Aziz ibn Muhammad reported: Abu Az Zinad reported: Abu Hurayrah reported: The Messenger of Allah (blessings and peace of Allah be upon him) forbade the sale of gharar and the sale of hashah.” (Ibn Majah: 2185)
Forms of Transactions Containing Gharar
1. Buying and selling goods that do not yet exist (Ma’dum)
The inability of the seller to provide the object of the goods being sold and the inability to realize the goods at the time of the contract. For example, selling a fetus in the belly of a farm animal without intending to sell its mother or selling an unborn fetus from its mother.
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ يُوسُفَ أَخْبَرَنَا مَالِكٌ عَنْ نَافِعٍ عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ رَضِيَ اللَّهُ عَنْهُمَا أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَهَى عَنْ بَيْعِ حَبَلِ الْحَبَلَةِ وَكَانَ بَيْعًا يَتَبَايَعُهُ أَهْلُ الْجَاهِلِيَّةِ كَانَ الرَّجُلُ يَبْتَاعُ الْجَزُورَ إِلَى أَنْ تُنْتَجَ النَّاقَةُ ثُمَّ تُنْتَجُ الَّتِي فِي بَطْنِهَا
“‘Abdullah ibn Yusuf reported to us Malik from Nafi’ reported ‘Abdullah ibn ’Umar (may Allah be pleased with him) that the Messenger of Allah (blessings and peace of Allah be upon him) forbade selling a camel’s womb. That is the way of the people of the jahiliyyah, who bought something that was in the womb of a camel, until the camel gave birth, then the camel calf gave birth again.” ( Bukhari; 1999)
2. Buying and Selling Goods That are Not Clear
A. Selling goods that are not yet in the hands of the seller, or goods that are not yet available, whether it is the criteria, characteristics, or form of the goods
“Abdullah bin Amru said that the Messenger of Allah (peace and blessings be upon him) said: “It is not lawful to sell and lend, nor two conditions in one sale and purchase and it is not lawful to profit on goods that cannot be guaranteed (good and bad), and it is not lawful to sell what you do not have.” (Tirmidzi: 1155)
B. There is no clear certainty about the nature of the object being sold
- Such as buying and selling fruits that are still on the tree because it is not clear whether the fruit will ripen completely or only partially and it is not clear when the fruit can be received immediately.
“Musaddad narrated to us Abu Mu’awiyah from Ash-Shibaniy from Ikrimah from Ibn ‘Abbas (may Allah be pleased with him) who said: ’The Prophet (peace and blessings of Allah be upon him) forbade Muhaqalah and Muzabanah, the buying and selling of dates on the trees for dates that have already been picked’”. ( Al Bukhari : 2038)
3. Sale and Purchase of Goods That Cannot be Delivered
There are sales or transactions where the contract used is not clear so the goods cannot be handed over. For example, there are two or more contracts in one sale and purchase transaction in one contract object without explaining in detail the contract chosen for the transaction. Obviously this is prohibited in sharia and is included in gharar
“Hannad told us Abdah bin Sulaiman from Muhammad bin Amru from Abu Salamah from Abu Hurairah he said; The Messenger of Allah sallallahu ‘alaihi wasallam forbade making two sales in one transaction” ( Tirmidzi: 1152).
Conclusion
As good Muslims, we want all the transactions we make every day to be blessed and worthy of reward in the sight of Allah ﷻ, so we need to be careful and always pay attention to every transaction made so that it does not contain gharar, both in terms of the contract and the object of the contract.
References
Nadratuzzarnan Hosen. (2009) . “ Analisis Bentuk Gharar Dalam Transaksi Ekonomi”. Journal Al-Iqtishad. Volume I (1), page 53-63
Hadist Bukhari: 1999. Acces On 25/04/2024 https://www.hadits.id/hadits/bukhari/1999
Hadist Tirmidzi 1152. Acces On 25/04/2024 https://www.hadits.id/hadits/tirmidzi/1152
Hadist Ibnu Majah 2185 Acces On 25/04/2024https://www.hadits.id/hadits/majah/2185
Hadis Tirmidzi : 1155 Acces On 25/04/2024 https://www.hadits.id/hadits/tirmidzi/1155
Hadist Bukhari 2038, Acces On 25/04/2025 https://www.hadits.id/hadits/bukhari/2038