LIABILITY OF DARAK

Although transactions are complicated and of specific variety nowadays, concern of both parties of transactions concerning probability of deservingness of each considerations is so important that all legal schools have thought about some solutions for removing that concern and creating peace of mind for both parties. Islamic legal law has not ignored that important issue too, and has offered liability of darak for solving such a problem. In addition to clarifying the concept of liability of darak, the present research attempts to nullify the opinion which claims its synonymy with that of ‘uhda through correct explanation of the essentials and conditions of its actualization, and to remove its exclusiveness to the contract of sale through expanding it to other exchanging contracts.