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Minor Gharar


A small amount of gharar (also gharar qalil or gharar yasir/ gharar yaseer) that cannot be avoided due to the nature of the subject matter of the contract (aqd). This degree of gharar doesn’t cause considerable damage or losses to either of the counterparties. As such, it doesn’t affect the validity of the contract, i.e., it is typically tolerable and overlooked under shari’a. An example of minor gharar (also known as light gharar) is an ijarah contract (aqd al-ijarah) in which ujrah is quoted and paid monthly: the exact number of days in a given month varies (30 and 31 days across almost all the months of the year and at times 28 or 29 days for February).

Minor gharar includes both minor uncertainty and ambiguity in a transaction (the so-called state of asymmetric information). In the latter form of minor gharar, either party to a transaction (typically, commutative contractaqd muawadha) has not as much as the other party about it (in terms of the subject-matter, certainty as to outcomes, etc.)

Nevertheless, this minor uncertainty or asymmetry of information does not render the contract invalid.



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