[ar] Legal Rulings on Uncertainty in Contracts of Donations: A Comparative Study of Islamic Jurisprudence

Abstract

The statement of problem in this paper is about the occurrence of uncertainty in contracts in general and contractsof donations in specific. When this case occurs, it can cause a big problem among contractors and sometimes it leadsto the court for decision. The objective of this paper is to demonstrate legal rulings on uncertainty in contracts ofdonations in Islamic jurisprudence. It is in order to avoid any uncertainty in future that can cause damage amongcontractors. The paper is prepared based on a few methods, viz. deductive, analysis and comparative methods. The viewsof Muslims scholars are filtered and then put them in comparative study in order to get a real answer to the matter inquestion before weighting them to choose the most correct opinion. In conclusion, it could be said that the uncertaintyis forbidden in Islamic law. It is a kind of bad conduct in any transaction. Its nature mostly based on speculation andrisk, one actually does not know whether he can get what he need or not. Uncertainty situation may be permissible inthe case of necessity when left a specific action or conduct, it can lead to evil and cause the worst. Small uncertaintywill not give any meaning. Contracts of donations vary in nature compared to contracts of commutative. Contractsof commutative are practiced based on the basis of mutual benefit, but contract of donation is a kind of charity andgift from one to another without any do ut des. Uncertainty is ineffective in contracts of donations because they rununder donation and charity. The uncertainty will not cause a quarrel. The element of ignorance in donation doesnot harm the contract. It is permissible a person generally give something to another. That is why the discharge of adebt in general is permissible. Likewise, in the case of will, where one person can bequeath his property to anotherwithout specifically in portion and kind.DOI: http://dx.doi.org/10.17576/islamiyyat-2014-3602-11