To solve this problem, it was proposed to arrange insurance scheme as a donation based contract (Aqd-e-Tabarr'u) instead of commutative contract (Aqd-e-Muawaah).
Therefore no doubt of commutative contract is found in this set-up.
The sale of food by way of commutative contract
prior to delivery.
The chance of win-lose being the essence of the aleatory contract, a commutative contract
cannot ever turn into aleatory one even if it turns out later that it is advantageous for one party and unfavorable or detrimental to the other, for independent and exterior reasons to the contract effects.
"The fatwa is not based on the fundamental principles of Shariah because riba is basically a commutative contract
between two parties while a traffic fine is a monetary punishment," he was quoted as saying recently in the Arabic press.
* the field of application is limited to commutative contracts
, thereby expressly excluding its application in case of aleatory contracts;
It is on the equality of this contract that justice exists, for how does it affect commutative contracts
, in which there should be equality of a thing for a thing, if through my industry or by accident I have connections in different places, or almost freely come upon ministers, and thus by gaining the disbursement of ways and ministers become rich, provided a fair exchange takes place with evaluation of the conditions of things?
Once established this, together with the doctors' common opinion, we go on to say the following: just as with the contract of sale and all other commutative contracts
in which it is necessary to abide by the equality between what is given and what is received in order for [these contracts] to be fair and there be no obligation of giving back, so in the exchange in which money is given for money should there be equality, because this is the law that rules over commutative contracts
, among which is the exchange.