The jurisprudential justification of flow the rule of negation of Gharar in the two parties the marriage

Elhami, Reza; Lotfi, Abdolreza; Poureskandari, Mehrdad

doi:10.22075/feqh.2024.33689.3892

The jurisprudential justification of flow the rule of negation of Gharar in the two parties the marriage

Articles in Press

Document Type : Original Article

Authors

Reza Elhami ¹

Abdolreza Lotfi ²

Mehrdad Poureskandari ³

¹ Assistant Professor of Islamic Jurisprudence and Foundations of Law, University of Tabriz, Tabriz, Iran (Corresponding Author)

² Assistant Professor of Islamic Jurisprudence and Foundations of Law, University of Tabriz, Tabriz, Iran

³ Phd. Student of Islamic Jurisprudence and Foundations of Law, University of Tabriz, Tabriz, Iran .

10.22075/feqh.2024.33689.3892

Abstract

Risky marriage is marriage that both of husband and wife or one of them doesn’t immune of loss due to ambiguity in marriage. risky marriage have three examples: First of them ambiguity in dowry , Second ambiguity is in condition while marriage, The third one is in husband himself and wife herself or Attributes of each of them so that after marriage contract be known both of husband and wife or one of them have intolerable adjective. This article want to research The third type with analytical and library method based on jurisprudential evidence and jurists fatwa so that determine jurisprudence verdict of this marriage. According to the search, there is not done research about this issue before this article. According to Findings of this research the rule of “No Gharar =negation of ambiguity” is flowing on the marriage contract, so that if husband and wife or Attributes of them be vague the marriage contract to cite the rule “No Gharar” and " The contracts follow from intention" is void. This result is useful for Filling the Civil law's vacuum.

Keywords

Nekahe Gharari

risky marriage

the rule of negation of ambiguity

annulment of the contract