Search
Generic filters
Filter by Categories
Accounting
Banking

Islamic Finance




Gharar Fahish


An excessive degree of gharar that renders a contract or transaction void from a shari’a point of view. Gharar represents some form of asymmetric or incomplete information and/or deception, in addition to risk and uncertainty as to the subject matter of a commutative contract (exchange-based contract). For gharar to invalidate a contract, it must affect its main elements: the underlying price and object of exchange. An example is the sale of an unborn animal (while it is still in its mother’s womb (in the shari’a parlance, this sale is known as ba’i habal al-hablah). Gharar fahish arises in such a case because the unborn animal may be still-born, and hence the buyer would receives a dead animal for the money paid to the seller. Conventional finance is notable for gharar-based products and dealings such as derivatives (optionsswapsfutures, etc), insurance, short sale, and so on.

Gharar fahish is one of three degrees of gharar, the other two being gharar yaseer (minor gharar) and gharar mutawassit (moderate or mild gharar).

Gharar fahish is Arabic for excessive uncertainty or ambiguity (information asymmetry) in a transaction.



ABC
The last three decades have witnessed the modern rebirth of Islamic finance both in terms of literature and practice. Islamic banks and ...
Watch on Youtube
Remember to read our privacy policy before submission of your comments or any suggestions. Please keep comments relevant, respectful, and as much concise as possible. By commenting you are required to follow our community guidelines.

Comments


    Leave Your Comment

    Your email address will not be published.*