DEFINITION OF GHARAR

A. Definition:Language: danger or be destroyed (al-jahlu, al-khathar, al-gurur, al-khida'al-ithma 'bi al-nathil = greedy vanity way).Tagrir: bring themselves to deception, persuasion or temptation or danger. It can also be interpreted to bring something to the destruction previously unknown. Noun al-gororu bring themselves to deception, persuasion or temptation or danger. It can also be interpreted to bring something to the destruction previously unknown. Noun al-gororu• In terms of Economics, gharar better known as the uncertainty or risk (risk)• Imam an-Nawawi gharar contract is an element that is forbidden in Islamic law. Imam al-Qarafi, gharar is a contract that is not clearly known whether the effect of the contract is executed or not. Imam Ibn Taymiyyah looked Sarakhsi and gharar in terms of the uncertainty that inflicted akaibat of a contract. While Ibn Qayyim al-Zauziah gharar contract is an object that can not be submitted, whether the object exists or not. And Ibn Hazm view gharar ignorance in terms of one of the parties berakad about what the object of the contract.B. Gharar in Perspective Aspect Of The risk level- Khatar (level hazard / high risk)• What is meant is the quantity ghararnya khatar lot, and subject to the law khatar ijma '. Various khatar include:• Sale and purchase of fruits not yet ripe (Bai tsimar qobla an yabdu shalahiha). Buying and selling is prohibited because it would berimpliksi one party at a disadvantage in the future due to the uncertainty of the market price and the natural conditions as well as conditions on the contract object. The Prophet forbade such sale. In his saying, the Messenger of Allah said: "Do not do the buying and selling of the fruit until the fruit looks good (worthy of consumption)". For example, due to the sudden need for a farmer to sell chillies are still visible bud to a chilli trader priced so-so and both deal for this sale. Buying and selling is not allowed because because there is no certainty in the future about the advantages or disadvantages to buyers (merchants) and vice versa.• Buying and selling annual (Bai sinin), meaning menmbeli (result) tree for several years. Hadith narrated by Muslim Prophet said: "The Prophet has prohibited the annual sale. For example, a farmer sells to traders of coconut palm trees with a year contract. It is forbidden because it is likely the market price at certain months so that profits rose oil traders doubled. On the other side of the seller's loss.• Bai Madhamin, Malaqih and Habalul Habalah. Third Buying and selling is an element of gharar according to fiqh jurists. Madhamin is selling seed (semen) is malaqih animals and selling animals fertilization males with females. While habalul habalah are selling animals that are still in the womb that can not be ascertained in the future life or death, sex, male or female, and so forth. So the Prophet forbade selling this in a hadith that reads, "The Prophet forbade the sale and purchase habalul habalah, a kind of selling the usual ignorant society. one buys a camel gave birth to a female child, then aak camel in the womb also spawned "and the hadith of Ibn 'Umar He said: "The Messenger of Allah forbade selling animal semen".• Buying and selling mulamasah and munabadzah. Bai Mulamasah is selling by touching. For example, a prospective car buyers are touching the car dealership he or she must buy a car without a clear idea of ​​the quality or otherwise. While Bai Munabadzah are throwing each purchase. Where someone threw her clothes to others and if the person who cast it also threw her clothes then they are obliged to purchase, even if the buyer does not know the quality of the goods to be bought.• Sale and purchase of goods that could not be handed over (Bai al Hasoh). Sale and purchase of such is clearly not allowed because there is no clarity goods. For example, buying and selling fish still in the river or the sale and purchase of the remaining birds jungle. The Prophet said: "Do not sell the fish still in the water, because it is gharar".- Khoda '(moderate / intermediate risk)• Khoda 'means the sale and purchase of medium level of risk, where this sale there is an element of deception from the seller .. As an example of this sale include:- Bai Najasyi is bogus buyers; pretend to buy but it is not a buyer. Buyers false aims to lure people to buy goods. The act is prohibited except as hurtful buyers but also contains elements of gharar. The Prophet said: "Allah forbid trading by najasyi (buy to lure others to be interested in the item)".- Bai at Tasriyah is selling containing elements to deceive the buyer by holding one factor stuff to make it look nice or good. For example, a seller putting milk or goat tying is not flushed for a few days for the condition of the goat look fat, big and healthy.- Bai talaqqi jalab is selling to intercept sellers on the road before reaching the market. Buying and selling is banned because there was deception of the buyer to purchase goods at a low price while sellers do not know the market price. The Prophet said: "Prophet said. ye meet those who drive (which carry essential materials to the city), and should not buy goods brought someone who was about to sell it in the village. (HR.Bukhari and Muslim)- Bai Khilabah is selling that contain deceptive as selling goods that are physically good but the quality is bad.- Buying and selling a Mukomarah is an element of gambling. The mukomaroh examples include:• Bai ad-Dain bi-Daini is selling the unknown size and type. For example, selling the dinar dirham.• Bai ma laisa ngindahu is selling goods that does not belong to the seller. Obviously this sale contains elements of gambling.• Bai ma lam yaqbidh is selling something that is not under the control of the seller. Prophet forbade this sale, as his saying, "Do not sell something that is in you".• is selling something that is not known to get it, or are not able to hand over to them, or unknown size.• Origin of meaning al-garar is not known whether or not get it? Like the birds in the air, the fish in the water. The items that can be ensured to mempereolehnya and unknown properties called al-majhul like to sell something in a wrapper can be obtained with certainty, but it is not known if it was.• Al-Garar and al-majhul each more common than the other from one side, and more specifically from the other side. Each contained the same and each its own• Al-Jahalah without al-garar stone is kind of like buying a glass or precious stones. With the watch can be ensured to get it, because it's not al-garar, but due to unknown type is called al-jahalah.• Al-Garar and al-jahalah both occur in the form and al-husul (form and acquisition of goods) if known to exist. Can also occur in the type and spicies, in nature and in size and in the determination, the integrity and the fractional Al-Jahalah without al-garar stone is kind of like buying a glass or precious stones. With the watch can be ensured to get it, because it's not al-garar, but due to unknown type is called al-jahalah.• Al-Garar and al-jahalah both occur in the form and al-husul (form and acquisition of goods) if known to exist. Can also occur in the type and spicies, in nature and in size and in the determination, the integrity and the fractionalAl-Garar and al-jahalah there are three kinds: This division according to al-Qurafi in al-Furuq.1. Many (cashier) prevented ijma ', 2. Few (qolil) may be ijma ', and 3. Garar medium (mutawassith) there is a difference about the law. Is the law equal to the first or the second. If al-garar is more than a little confused by the ruling al-garar that much, if much less than a lot of legal equated with al-garar a bit. This is the reasons for disagreement among the jurists' in parts of the al-Garar and al-Jahalah.Of opinion on the al-garar can be divided into: al-Garar al-teller, al-Garar al-yasir and al-garar al-mutawassith. Garar included in al-darurah (emergency) vary in application from one environment to another, from one time period to another, even different because of differences in perspective for him.• Al-Garar have levels:• al-Garar al-yasir (minor garar) is usually well tolerated garar this level because it is always attached to the transaction.• al-Garar al-Fakhisy (garar weight) resulting prejudice the interests of either party, or both parties in the contract. Garar These typically can not be tolerated. There are more levels between these two levels are contested by the fuqaha '. Some equate legal with the first is canceled by the sharia, while both garar in circles forgiven (alma'fu 'anhu).• Kamal Yusuf al-garar divide caused by the impact. Such a distribution is more easily understood especially in contemporary times:• First of al-Khathar (danger or risk). This is because the goods are the object of sale or not classified ma'dum handover to it.• Second: al-Khida '(fraud). According to Ibn al-khida Hazam 'is the buyer did not know what was purchased, or poenjual not know the goods were sold. Al-San'ani said al-khida 'allegation is not relanya parties berakad case. Thus categorized aakilu al-mal al-bathil. Al-khida 'here in the al-gurur (many tricks. Difference between al-garar and al-gurur, al-gurur is the result of word, deed or attitude taken someone to commit fraud against others. Meanwhile al-garar not There khadi'ah (fraud) from one party berakad. Due respective parties berakad not know (jahilan) the real case in aqad al-garar. If someone buys a camel was missing from a buyer, and he knows his place, then he cheated. Agreement includes al-gurur. If he bought it and did not know the place, the contract is classified contract garar.