Criterion of Determination of Excepted Examples Out of the Principle of the Necessity of Comprehensive Knowledge to Consideration

Although, undoubtedly, in the legal system of Iran and Imamia jurisprudence, the principle of the necessity of detailed knowledge of the subject of the transaction, with the exception to it being based on the shortcomings of knowledge in certain cases, has been accepted; however, the discussion of how the entry clause of such an exception is the difference between the owner is the viewer. As some of them have proposed the terms of the law, others have introduced the rules of negligent transactions and public requirements identified by the legislator; and some refer to the custom as a criterion they know. The present article tries to review the views of the above, to present the prohibition of Gharar as a free point of view, and according to it it is decided that, in order to doubt the transaction, the mystics have not reached the level of realization, the transaction is one of the exceptions From the principle of the necessity of detailed knowledge of the subject of the transaction will be, but otherwise the transaction will be considered void.