[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 contracts
of donations in specific. When this case occurs, it can cause a big problem among contractors and sometimes it leads
to the court for decision. The objective of this paper is to demonstrate legal rulings on uncertainty in contracts of
donations in Islamic jurisprudence. It is in order to avoid any uncertainty in future that can cause damage among
contractors. The paper is prepared based on a few methods, viz. deductive, analysis and comparative methods. The views
of Muslims scholars are filtered and then put them in comparative study in order to get a real answer to the matter in
question before weighting them to choose the most correct opinion. In conclusion, it could be said that the uncertainty
is forbidden in Islamic law. It is a kind of bad conduct in any transaction. Its nature mostly based on speculation and
risk, one actually does not know whether he can get what he need or not. Uncertainty situation may be permissible in
the case of necessity when left a specific action or conduct, it can lead to evil and cause the worst. Small uncertainty
will not give any meaning. Contracts of donations vary in nature compared to contracts of commutative. Contracts
of commutative are practiced based on the basis of mutual benefit, but contract of donation is a kind of charity and
gift from one to another without any do ut des. Uncertainty is ineffective in contracts of donations because they run
under donation and charity. The uncertainty will not cause a quarrel. The element of ignorance in donation does
not harm the contract. It is permissible a person generally give something to another. That is why the discharge of a
debt in general is permissible. Likewise, in the case of will, where one person can bequeath his property to another
without specifically in portion and kind.

DOI: http://dx.doi.org/10.17576/islamiyyat-2014-3602-11