Legal Rulings on Uncertainty in Contracts of Donations: A Comparative Study of Islamic Jurisprudence

The statement of problem in this paper is about the occurrence of uncertainty in contracts in general and contracts of donations in specific. When this case occurs, it can cause a big problem among contractors and sometimes it leads to the court for decision. The objective of this paper is to demonstrate legal rulings on uncertainty in contracts of donations in Islamic jurisprudence. It is in order to avoid any uncertainty in future that can cause damage among contractors. The paper is prepared based on a few methods, viz. deductive, analysis and comparative methods. The views of Muslims scholars are filtered and then put them in comparative study in order to get a real answer to the matter in question before weighting them to choose the most correct opinion. In conclusion, it could be said that the uncertainty is forbidden in Islamic law. It is a kind of bad conduct in any transaction. Its nature mostly based on speculation and risk, one actually does not know whether he can get what he need or not. Uncertainty situation may be permissible in the case of necessity when left a specific action or conduct, it can lead to evil and cause the worst. Small uncertainty will not give any meaning. Contracts of donations vary in nature compared to contracts of commutative. Contracts of commutative are practiced based on the basis of mutual benefit, but contract of donation is a kind of charity and gift from one to another without any do ut des. Uncertainty is ineffective in contracts of donations because they run under donation and charity. The uncertainty will not cause a quarrel. The element of ignorance in donation does not harm the contract. It is permissible a person generally gives something to another. That is why the discharge of a debt in general is permissible. Likewise, in the case of will, where one person can bequeath his property to another without specifically in portion and kind.