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Gharar meaning

What does Gharar mean?
In legal practice, gharar describes contractual uncertainty or ambiguity—particularly where the subject matter, price, quantity, delivery or performance is unknown or contingent—considered excessive under Sharia principles and therefore prohibited in Islamic finance. It is not defined in UK or Irish legislation and is not a standalone rule of domestic law; it is a descriptive Sharia concept. Where finance documents governed by English or Irish law refer to Sharia compliance, courts apply the chosen governing law and treat Sharia compliance as a contractual undertaking only (see Shamil Bank v Beximco). Key features include the distinction between minor gharar (tolerated) and excessive/major gharar (which would invalidate a contract under Sharia). Typical examples include sales of unidentified goods, uncertain delivery dates, and risk‑transfer products with speculative elements; conventional insurance and many derivatives are often cited as involving gharar. Practical significance: Islamic finance structures mitigate gharar by fixing essential terms and using alternative contracts (for example, murabaha, salam, istisna and ijara) or takaful instead of conventional insurance. Usage is consistent across England & Wales, Scotland, Northern Ireland and Ireland: the term guides transaction structuring and Sharia board assessments, but its legal effect depends on the parties’ drafting and the governing law.
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View the related Practice Notes about Gharar

PRACTICE NOTES
Shari’ah Principles Governing Islamic Finance: Money’s Non‑Intrinsic Value, Risk‑Sharing, Asset‑Based Structures, and Prohibitions on Riba, Gharar, Maisir, Unjust Enrichment and Haram Industries

Shari’ah compliant, or Islamic, finance is a method of funding grounded in the principles and prohibitions of Shari’ah (Islamic law). These rules stem from a range of sources, with further detail provided in Practice Note: Sources of Shari'ah. That Practice Note sets out the fundamental principles and prohibitions that underpin the structuring of Islamic finance transactions, and explains how arrangements are shaped to reflect them. In practice, the question of whether a given Islamic finance transaction satisfies these standards—and so can be treated as Shari’ah compliant—rests with the Shari’ah board of the institution offering or arranging the finance and, less commonly, with the Shari’ah board of a corporate making use of the facility. As a general rule, the default assumption is that a transaction presented as Shari’ah compliant or Islamic will be acceptable unless it breaches core principles or passes important thresholds. For additional information, see Practice Note: Key participants in the Islamic finance industry. Money—no intrinsic value Under Shari’ah, money is regarded purely as a yardstick of...

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PRACTICE NOTES
UK Banking, Finance, Capital Markets, Derivatives and Insolvency Law Glossary including Islamic finance

Banking & Finance glossary A Auditing and Accounting Organisation for Islamic Financial Institutions (AAOIFI) The foremost Islamic, international, autonomous, independent, not-for-profit corporate body that develops and issues accounting, auditing, governance, ethics and Shari’ah benchmarks and standards for Islamic Financial Institutions (IFIs) and the wider Islamic finance sector. Founded in Bahrain in 1991, it is backed by a number of institutional members across more than 45 countries, including central banks and regulatory authorities, financial institutions, accounting and auditing practices, and legal firms. Its pronouncements are currently applied by leading Islamic financial institutions across the world and have advanced a progressive and gradual harmonisation of global Islamic finance practice. It also delivers professional qualification programmes—notably Certified Islamic Professional Accountant (CIPA), Certified Shari’ah Adviser and Auditor (CSAA), and the corporate compliance programme—in efforts to strengthen the industry’s human capital and governance frameworks. For further details, see Practice Note: Key participants in the Islamic finance industry—Accounting and Auditing Organisation for Islamic Financial Institutions (AAOIFI). Acceleration Acceleration is the formal action...

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PRACTICE NOTES
Islamic aircraft finance: principles, Murabaha, Ijarah/Ijarah‑wa Iqtina, Mudaraba and Sukuk al‑Ijarah; Ijarah leasing features including ownership, risk, maintenance, insurance and default

The Islamic finance sector has expanded swiftly in recent years, as financial institutions and their customers look to explore alternative ways of financing and raising funds. It is an asset‑based system, and Islamic finance has seen rising deployment for both full and partial funding of aircraft—assets regarded as permissible investments under Islamic law (Shariah). Principles of Islamic finance The principles of Islamic finance are drawn from Shariah as prescribed in the Quran, the sacred scripture of Islam believed to record the Word of God revealed to the Prophet Mohammed, together with the Sunnah, the traditions and practices of the Prophet Mohammed. These sources set out the principles applied to finance. Islamic finance is established to ensure that wealth remains pure and is utilised justly, in accordance with these overarching principles, safeguarding fairness in application and conduct: No unjust enrichment—Riba The charging of interest, or Riba, is strictly prohibited In Islamic finance, money should not be treated as a...

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