Topic > Use of Islamic Sharia law in commercial transactions

Islamic Sharia law in commercial transactions involves several prohibitions such as riba and gharar. Muslim scholars have agreed that the harms caused by the management of usury and gharar outweigh their benefits; they are prohibited in the Quran and Sunna. However, this ban does not necessarily mean that all contracts containing gharar are invalid; for example, sallam contracts contain gharar. The reason for this is that the benefits have overshadowed the harms. Therefore, the objective of this essay is to analyze Islamic rules in the prohibition of both usury and gharar, in an attempt to demonstrate that, although they are prohibited because their harms outweigh the benefits, in some contracts gharar is allowed. Therefore, this reflects the flexibility of Islamic law and how it can be modified to adapt to rapid economic development. Riba It is unanimously agreed that riba means increase or growth (Chapter 2). This type of increase is divided into two types: the first is an increase in money coming from the money itself. This occurs when the owner of the money increases the debtor's debt rate due to a delay in payment (REFRENC). This type is called riba al-naseia or riba alQuran. This type has many verses confirming its prohibition, not only in Islam but also in Judaism (chapter 2, p. 36). "Because of the misdeeds of the Jews We have forbidden them good things which had previously been made lawful to them, and because of their great obstacle to the way of Allah. And their resorting to usury when it was forbidden to them, and their devouring the riches of the people with false pretenses. We have prepared for those of them who do not believe a painful sentence' (4:160-161) This verse is from the fourth chapter, at the second type... middle of the paper... okay, and in this case it will not be prohibited (Al-Gamal, ????). To clarify this point a sallam contract can be a clear example of a contract which, although it contains gharar, is permissible 'Islam has flexibility in legislation and takes into account the needs of the individual and society. Conclusion Based on the concept of usury and Gharar, under the wisdom of the prohibition of usury and Gharar, it can be said that It is prohibited in Islamic concept and requires that i damages exceed interest and usury, clearly reflects this. Gharar illustrates the flexibility of Islamic law in that it is permissible when its benefits outweigh its harms. Through these results we see an issue emerge that deserves to be at the center of a discussion: all contracts in Islamic banks are completely free of usury??