The Impact of Gharar in the Contract on the Public Order and its Contemporary Images

Abstract

This study aims to explain what Gharar is, what it refers to, what is meant by the social order in Islam, and what are the related words of these definitions. This study also aims to specify the type of Gharar that affects the contractual practices in Islamic Fiqh. In addition, it aims to bring to light the jurisprudence about these contracts and detect some of the types of contemporary contracts that involve Gharar and affect the social order. To achieve the objective of this study, deductive and inductive methods were adopted. The findings showed that Gharar is one of the flaws that affect contracts with varying grades and that Gharar that affects contracts and the social order is the Gharar that is considered obscene. It is also found that the Gharar that affects the contract and the social order applies to many new contractual practices.