Is a Transaction Invalid Due to Gharar, and Is Its Exact Nature Unknown?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
My friend asked me to buy him an online subscription using my money; he would return it afterward. It had 6 pages of items, but received only 4, with 2 pages still to come and the rest unknown. Is this a gharar transaction?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health.
This transaction does not constitute deceptive uncertainty (gharar) because the subscription was clearly structured and known to both parties at the time of purchase. Four of the six pages of items were delivered immediately, and the remaining two, though delayed and unknown in exact content, were part of an agreed subscription framework. If the outstanding items are not delivered, seek a refund and resolve the matter amicably.
Gharar (Deceptive Uncertainty)
Gharar refers to excessive or deceptive uncertainty in a contract — when the subject matter is unknown, unclear, or not deliverable. The Prophet (Allah bless him and give him peace) forbade sales involving excessive uncertainty.
Abu Hurayra (Allah be pleased with him) reported that “Allah’s Messenger (Allah bless him and give him peace) forbade a transaction determined by throwing stones, and the type which involves some uncertainty.” [Muslim] [Usmani, Fiqh al-Buyu‘; Resolution and Recommendations of the Council of the Islamic Fiqh Academy: 1985-2000]
Governing Principle
Transactions and contracts should include clear, well-defined, and achievable elements, avoiding excessive or deceptive uncertainty (gharar) that could lead to disputes or injustice.
We should conduct our transactions in a permissible manner, and to do so, we should learn about money and about haram and halal matters in everyday life. Consider the course below.
And Allah knows best.
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Related
Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Currently, he resides in the UK with his wife and is interested in reading and gardening.
