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Maisir meaning

What does Maisir mean?
In legal practice, maisir describes the Shariah prohibition on gambling, wagering or games of chance—profits generated predominantly by chance rather than by productive activity or risk‑sharing. It is not a statutory term in England & Wales, Scotland, Northern Ireland or Ireland; instead, it is a descriptive concept used in Islamic finance documentation, Shariah compliance policies and opinions, where parties covenant that a transaction contains no element of maisir. Typical illustrations include betting and lotteries, and (depending on structure) arrangements whose payoff is determined by an uncertain event without ownership of, or exposure to, an underlying asset—for example, certain speculative derivatives, futures and conventional insurance—often analysed alongside the related concept of gharar (excessive uncertainty). Its practical significance is in structuring and drafting: sukuk, murabaha, ijarah and takaful are designed to avoid maisir; representations, covenants and events of default references it. UK and Irish courts do not apply Shariah as a system of law, but will construe “maisir” if used as a contractual term (cf. Shamil Bank of Bahrain v Beximco [2004] EWCA Civ 19). Usage is broadly consistent across the four jurisdictions.
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View the related Practice Notes about Maisir

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
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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