Determining the Amount of Thaman in Text of Sale Agreements (Case Study of Buying and Selling Real Estate)

Today, in many sale agreements, including a number of real estate purchases and sales, determining the amount of thaman (price) at the time of signing the agreement is either not possible or entails great risk. While many jurists have considered determining the amount of thaman at the time of signing the agreement as a condition for the validity of the sale agreement, and this condition has been specified in Article 338 of the Civil Code of Iran. The main question is whether the determination of the amount of thaman is an imperative rule and a condition for the validity of the sale, or is it enough for the validity of the agreement to provide a clear and indisputable process in the text of the agreement for determining the thaman in the future of the agreement? This study concerns the evidence of the necessity of determining the thaman – including the Prophet Muḥammad’s ḥadīth of the prohibition of the gharar (risk-taking) sale – demonstrate that not only is there no evidence for the first possibility, but a ṣaḥīḥ narration correctly indicates the second possibility. This study has dealt with analytical-critical data processing with the textual-revealed method.