أحكام الجهالة في المعاملات دراسة فقهية مقارنة

Abstract

“Ignorance (al-Jahalah)” in financial transaction is a defection in term of muamalat contract from Islamic Law perspective in which it is forbidden based on the sayings of the Prophet Muhammad Shallallahu ‘alaihi wasallam. Therefore, this research will highlight on the opinions of the jurists(fuqahā’) which covered the meaning of ignorance (aljahalah), the legal rulings related to al-jahalah and certain cases arises in term of Islamic economics. The study method comprises reviewing books which are related to the topic and in addition to the information which are obtained from the internet. This research will reveal important details such as evidences which support the opinions of the scholars by which the ignorance could lead to riots and insurrections, particularly on contracts due to emergence of al-jahalah. Therefore, this research will represent effective solutions on avoiding al-jahalah in performing the transaction in order to achieve legal transaction based on the perspective of the Islamic Law especially in this modern era. The most important result of this research will be different opinions for the hukum of ignorance (aljahalah) in financial transaction.