Abstract:
In the contemporary world, jurisprudential rules have a special position, especially in the field of transactions, regarding new issues. One of the jurisprudential rules that can be gathered from evidence and narrations in the case of transactions is the jurisprudential rule of nullity of non-guaranteed profit. According to this rule, it is not permissible to earn profit from property without accepting a guarantee by the profiteer; Even if the trader is the owner of the property, as long as he/she does not guarantee its exchange, he/she is not allowed to take profit. This rule, in the assumption of proof, has significant results regarding conventional transactions such as mudarabah and loans, as well as new transactions in the financial markets. Using the deductive analytical method, this article, while explaining the provisions of the nullity of non-guaranteed profit, examines its requirements in new transactions, such as buying transactions (banking transactions), transactions related to shares, partnership bonds, and investment deposits. Based on the findings of the research, accepting this rule makes profit in the mentioned transactions invalid for someone who did not accept the exchange guarantee.