Document Type : Original Article

Authors

• reza elhami
• Mehrdad Poureskandari

Faculty of Theology, University of Tabriz

Abstract

One of the reasons for invalidation of the contract of sale and other exchanges is "uncertainty or ambiguity = gharar". Gharar means that the ambiguity in the pillars of the contract causes one of the parties to not be safe from incurring significant losses. But how this rule affects the marriage contract, which is not considered a real exchange, is one of the challenging issues. Especially if there is ambiguity in "marriage parties" or "their qualities". For example, at the time of marriage, it is unknown who the wife is. Or the age of the couple is ambiguous, and without customary determination, a young woman marries an old man. In this case, what is the ruling of such contracts in terms of its ambiguity? This article tries to determine the validity and invalidity of such a contract with the analytical and library method, and based on jurisprudential evidence and fatwas of jurists.
A problem that according to the research has not been researched before. Based on the findings of this research, the rule of negation of Gharar is also valid in the marriage contract; So that if the "parties of the marriage" are unclear at the time of marriage, the marriage is invalid. However, if their attributes are ambiguous, wise people often recognize the attribute independently of the essence, that the main intention of each party belongs to the essence of the other party, therefore, it has led to the validity of the contract.

Keywords

• Nekah Gharari
• (risky marriage)
• the rule of negation of Gharar
• annulment of the contract
• Ambiguous traits
• Imami jurisprudence