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ABSTRACT

In Islamic jurisprudence, the principle of gharar (uncertainty) plays a fundamental role in determining the validity of contracts. Rooted in the objectives of Shariah (maqasid al-shariah), the prohibition of gharar seeks to promote fairness, transparency, and justice in economic dealings while preventing exploitation and unjust enrichment. Classical jurists classified gharar into three levels: gharar al-fahish (excessive), which renders contracts void; gharar al-mutawassit (moderate), which may be tolerated if mitigated; and gharar al-yasir (minor), which is permissible due to its negligible effect on transactions. With the rise of e-commerce and digital platforms, the application of gharar has become increasingly complex. Online transactions often lack physical inspection, clear product descriptions, and certainty in delivery, which introduces higher risks of ambiguity and disputes. This study aims to examine the classifications and degrees of gharar, analyse its manifestations in online commerce, and explore mechanisms within Islamic jurisprudence to mitigate uncertainty. A qualitative methodology is adopted, integrating doctrinal legal research, analysis of classical fiqh principles, contemporary fatwas, statutory laws, and expert interviews. Findings indicate that modern online transactions frequently encounter excessive gharar due to unclear contract terms, deceptive descriptions, and delivery uncertainties. However, Islamic law provides several solutions, including khiyar al-ru'yah (inspection rights), wakalah (agency), transparent contractual terms, Shariah-compliant platform policies, and consumer protection mechanisms. Furthermore, parallels with Malaysia's civil law, such as the Contracts Act 1950 and the Consumer Protection Act 1999, demonstrate overlapping objectives in promoting clarity and fairness in commerce. This study concludes that while digital trade introduces unique challenges, Islamic commercial law remains adaptable and provides practical tools to ensure ethical, transparent, and Shariah-compliant online transactions.

ABSTRACT

Islamic finance products introduce finance finance-based concept of profit and loss sharing with no interest involved, known as riba'. The Islamic home finance ('IHF') is one of the products offered under Shariah compliance by way of ownership sharing or by deferred payment agreement with the banks. Over the years, the real estate business has undergone a tremendous transformation. While Islamic finance institutions ('IFIs') confront comparable risks to the conventional bank, IHF products are equally prone to challenges. Thus, this paper will study the challenges faced by Malaysian IFIs using the common IHF products in the modern real estate markets in Malaysia, such as ba'i bithaman ajil ('BBA') , which are accused of replacing riba', the potential to modernise tawarruq products in IHF and the challenges in the increase of documentation costs for the customers while implementing musharakah mutanaqisah ('MM'). The methodology adopted is a qualitative research method and doctrinal analysis. The process of gathering and analysing data will be conducted through the primary sources, which are statutes and case law, including secondary sources such as articles, journals and book reviews. The significance of this study is to show the flexibility of IHF products in combating challenges faced in the modern real estate markets. It is hoped that these findings can assist Malaysian policymakers in improving the policy and procedure of the IHF products that have evolved following the latest trend in real estate markets in Malaysia.

The apex court rules that transactions premised on gambling activities are against public policy and are illegal, null, and void.

A gambling debt is not legally enforceable in Malaysia on grounds of public policy, the Federal Court has ruled. In delivering the unanimous judgment of the court, Justice Nordin Hassan noted that the government had repeatedly and firmly voiced its stance against gambling in Parliament on grounds that the public derives no benefit from it.

Globally, there is an unfettered right of access to court proceedings by the public, which is consilient with the principle of open justice as it is regarded as an essential tenet of any justice system to guarantee public confidence, independence, and accountability in the administration of justice. In Malaysia, Section 15 of the Courts of Judicature Act 1964 states that all civil and criminal matters shall be deemed to be open and accessible to the public. Journalists are often keen to report on cases that are newsworthy and those that garners public interest wherein they act as an intermediary between the public and the courts.