نوع مقاله : مقاله پژوهشی
نویسندگان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Risk is a concept considered in different legal and economic systems, and each has ordained different policies about it. Obviously, some types of risky actions are not accepted by all these systems, especially by Islamic ones. Due to the presence of risk more or less in most contracts, it is essential to explain the concept and position of this element to distinguish between the legal and illegal ones. What can simplify this explanation is enumerating and studying the elements of contracts accompanying the risk element and finding the relationship between the identified elements and the risk element in order to provide an accurate categorization of these contracts based on this element. The result of the elemental study of these contracts—which are gambling, betting, Gharar, probable, and chance contracts—is a hierarchical definition of the risk element. Based on this definition, the lowest level of risk is attributed to right contracts, and the highest level is defined in gambling and betting (gambling contracts). Between these two levels is the risk that creates Gharar. Other cases are placed in one of the three levels based on the associated risk. Therefore, in Islamic legal and economic systems, there are three different levels of risk, and each level has its special rules and consequent legislative exposure would be different. Thus, in contrast to the maximum protection for right contracts, in the highest level of risk not only is there no protection, but also some cases (gambling) would be considered a criminal offense.
کلیدواژهها [English]
)
