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" Gharar in post-formative Islamic commercial law: A study of the representation of uncertainty in Islamic legal thought "
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Latin Dissertation
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| Language of Document
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English
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| Record Number
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802742
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| Doc. No
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TL47914
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| Call number
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1615091635; 3635543
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| Main Entry
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Hassan, Hesham A.A.
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| Title & Author
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Gharar in post-formative Islamic commercial law: A study of the representation of uncertainty in Islamic legal thought
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\ Ryan M. Rittenberg
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Lowry, Joseph E.
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| College
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University of Pennsylvania
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| Date
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2014
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| Degree
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Ph.D.
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2014
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| field of study
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Near Eastern Languages and Civilizations
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| Page No
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280
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| Note
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Committee members: Cobb, Paul M.; Goldberg, Jessica
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Place of publication: United States, Ann Arbor; ISBN=978-1-321-16648-4
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| Abstract
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This study analyzes the conception of <i>gharar</i>, which is generally translated as either risk or uncertainty, in post-formative Islamic commercial law. According to Muslim jurists, <i>gharar</i> arises from uncertainty in commercial transactions. However, unlike other areas of the Islamic intellectual tradition in which uncertainty engenders errors, the uncertainty associated with <i>gharar</i> enables jurists and counterparties to make informed legal and financial decisions. Nevertheless, <i> gharar</i> is not structurally a form of certainty. In order to understand this interesting paradox and reach a better understanding of representation in general, this study employs discourse analysis to trace the concepts, reasoning methods, and descriptive techniques that Ibn Hazm (d. 1064), Bājī (d. 1081), Shīrāzī (d. 1083), Sarakhsī (d. 1090), Ibn Qudāma (d.1223), and Ibn Rushd (d. 1261) use in order to represent <i> gharar</i>. First, this study details how jurists conceptualize the types of uncertainty that engender <i>gharar</i> in commercial transactions. Second, it examines the ways that jurists employ these forms of uncertainty to analyze commercial transactions. This study demonstrates that <i> gharar</i> arises from a privation of thought. This privation mimics the relationship between the identity of thought and referent that produces certainty. <i>Gharar</i> thus indicates how knowledge creates and subsumes uncertainty.
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| Subject
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Canon Law; Islamic Studies
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| Descriptor
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Philosophy, religion and theology;Social sciences;Baji;Gharar;Ibn Hazm;Ibn Quadama;Ibn Rushd;Islamic law;Sarakhsi;Shirazi;Uncertainty
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Lowry, Joseph E.
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University of Pennsylvania
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Near Eastern Languages and Civilizations
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