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Gharar in Islam

Prohibition of Excessive Uncertainty (Gharar

Gharar is another fundamental prohibition in Islamic banking and finance. The word gharar simply refers to a lack of knowledge, uncertainty and hazard. Technically, there are various definitions of gharar given by different scholars. What is gharar exactly, and why is it prohibited from transactions Gharar is an important concept in Islamic finance, with most derivative products rejected by sholars due to excessive uncertainty. According to Al-Qarafi, the definition of gharar is that which has a pleasant appearance and a hated essence

Gharar - IslamicMarkets

Gharar In Arabic, gharar literally means risk, uncertainty, fraud or hazard that might lead to loss or destruction. Gharar in Islam refers to any transaction of probable objects whose existence or explanation are uncertainty, due to inadequacy of information and knowledge of the eventual result of the contract or the nature and quality of the subject matter of it. Gharar means 'uncertainty' and is associated with deception involving uncertainty and risk. It is rooted in the Arabic word 'to deceive' (gharra). Gharar is a broad concept, involving scenarios including: When the claim of ownership is unclear or suspicious Gharar is contractual uncertainty. An exchange contract that exhibit gharar is void. The meaning of gharar is, nevertheless, very intricate. In Shari'ah an exchange contract should spell out clearly the rights and obligations of the parties involved. If part of these rights or obligations is uncertain then gharar is present

Gharar (risk and uncertainty): Gharar describes speculative transactions. Concept involves excessive risk and supposed to foster uncertainty and fraudulent behavior. Gharar generally translated as risk, hazard or uncertainty Gharar in Islam refers to any transaction of probable objects whose existence or description are not certain, due to lack of information and knowledge of the ultimate outcome of the contract or the nature and quality of the subject matter of it Therefore, Gharar in Islam refers to any transaction of probable objects whose existence or description are not certain, due to lack of information and knowledge of the ultimate outcome of the contract or the nature and quality of the subject matter of it. Gharar is divided into two types: Gharar fahish (excess Gharar) and Gharar yasi

Gharar In Islam - 1064 Words Internet Public Librar

Gharar originates from the Arabic verb gharra, which broadly means: to deceive. As it relates to business, gharar is considered one of the three main corruptors of business contracts in Islam (the other two being interest and gambling) Prohibition of Riba (interest), Gharar (uncertainty) and Maysir (gambling) are the fundamental principles of Islamic banking and key differentiators to differentiate it from conventional banking practices Keywords: Riba (Interest); Gharar (Uncertainty), Islamic Finance, Shari'ah Introduction In Islam, it is permissible to trade money for commodity, commodity for commodity, however, not money for money as this produces riba (interest). Riba (interest) is in fact just a form of gharar (uncertainty)

What is Gharar? Islamic Finance Definitions Series

Islamic Law of Contracts and Gharar - IslamicMarkets

  1. that Islamic Bank is free from riba, but subject to gharar since it main product based on trade, which is exposed to gharar.While riba is totally null and void, gharar depends on the degree on how it affect the contract to render the contract is void or voidable
  2. Gharar Surah al Nisa:29 O you who believe? Eat not your property among yourselves unjustly by falsehood and deception, except it be a trade amongst you by mutual consent. The world batil unjustly include all categories of illegal and defective elements in commercial contracts, including that of a gharar
  3. Gharar  Gharar is one of those impediments which make the contract illegitimate.  An agreement that has any element of Gharar is not Valid from the Shariah point of view, irrespective of whether the parties to the agreement agree upon the agreement or not. 20

Riba , Gharar and Islamic finance AUSAF AHMAD Islamic Cultural Centre of India New Delhi May 04 2008 Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising English: uncertainty Definition: One of three fundamental prohibitions in Islamic finance (the other two being riba and maysir). Gharar is a sophisticated concept that covers certain types of haram uncertainty in a contract. It is an exchange in which one or more parties stand to be deceived through ignorance of an essential element of the.. FOR COMPLETE LECTURE on Gharar, and More Lectures on Islamic Banking and Finance: https://aims.education/what-is-gharar-in-islamic-banking/Gharar means uncer.. Islamic finance, a complete rule based financial system, fundamentals of which are originated from revealed verses of the Holy Quran considered direct ordinance from the God and the practices of Prophet Muhammad (PBUH) commonly known as ahadith. Although the concept of Islamic finance is as old as the religion itself but in the Middle Ages Muslims diverted from the original teachings of Islam. We analyze the concept of uncertainty and the restriction with regards to investment in goods and services

International Journal of Islamic Management and Business Vol. 2, No. 2, August 2016 2 general prohibition in commercial transactions such as ribā (usury or interest), gharar (uncertain or unclear elements in business contracts), maysir (transactions similar to gambling), and the contracts banned by Sharīʿah.Despite to ensure the Sharīʿah. What is Gharar?. Gharar means 'uncertainty' and is associated with deception involving uncertainty and risk. It is rooted in the Arabic word 'to deceive' (gharra).Gharar is a broad concept, involving scenarios including:. When the claim of ownership is unclear or suspicious. When the existence, quality or characteristics of the commodity are not certain The Hanafi madhab (legal school) in Islam defines gharar as that whose consequences are hidden. The Shafi legal school defined gharar as that whose nature and consequences are hidden or that which admits two possibilities, with the less desirable one being more likely

Gharar (risk and uncertainty) Islamic Financ

  1. The Permissible Gharar (Risk) In Classical Islamic Jurisprudence 7 Second: Gharar occurs when the probability of existence is equal to the probability of non-existence. According to Al-Kasani Gharar is the risk where the probability of existence and the probability non-existence have the same value(8).In Al-Bahr Al-Zakhkhar it is noted that 'Gharar is the oscillation between the.
  2. Gharar is equal with many prohibited money speculation in Islam, such as riba (usury), and maysir (gambling). Gharar itself described as selling goods that has not existed yet. Like selling the fish that hasn't caught yet or selling the fruit that are not harvested yet
  3. Islamic scholars generally are in agreement that future sales, suspended sales, and down payment sales all have the element of gharar in their contracts. Options and futures, considered as very risky, are deemed as forbidden
  4. In simple terms, gharar means uncertainty, risk, threat, deceit, doubt, e.t.c. It is described as a risky or hazardous sale, where details concerning the item on sale are unknown or uncertain. Professor Mustafa Al Zarqa' defined Gharar as the sale of probable items whose existence or characteristics are not certain, due to the risky nature which makes the trade similar to gambling
  5. Risk, gharar, and Islamic finance. Does anyone have the sharia rationale as to why risk transfer, risk pricing, and trading in such things as currency forwards, futures, and derivatives seems to be prohibited? I am familiar with the references to maysir, scholarly discussion on gharar.
  6. Islamic fiscal instruments are based on the rules that they prohibit involvement ( riba ) , non hold major uncertainness ( gharar ) .Islam is a complete codification of life which believes in political, societal and economic system justness and besides guides human being towards the right way

Prohibition of Riba, Maysir and Gharar - Financial Isla

  1. View Riba & Gharar in Islamic Finance.pdf from CTU 351 at Universiti Teknologi Mara. Journal of Islamic Banking and Finance March 2014, Vol. 2, No. 1, pp. 249-259 ISSN: 2374-2666 (Print) 2374-265
  2. These are a flavour of the hadith dealing with gharar: Imam Muslim records in his Sahih: On the authority of Abu Hurairah who said that the Messenger of Allah (peace and... Tirmidhi records the Prophet said Do not sell that which you do not have. Al-Bukhari and Muslim record On the authority of.
  3. Albeit with some variations depending on the school of thought, there are four main generally accepted principles of Islamic finance which are; Prohibition of Riba (usury/interest), prohibition of Gharar (excessive risk/uncertainty), Asset backed finance & Profit and Loss Sharing (PLS). We have already covered Riba (usury/interest) and it prohibition both in Islam and other religion
  4. Gharar merupakan istilah dalam kajian hukum Islam yang berarti keraguan, tipuan, atau tindakan yang bertujuan untuk merugikan orang lain. Gharar dapat berupa suatu akad yang mengandung unsur penipuan karena tidak adanya kepastian, baik mengenai ada atau tidaknya objek akad, besar kecilnya jumlah, maupun kemampuan menyerahkan objek yang disebutkan di dalam akad tersebut
  5. Home > Documents > Understanding Riba and Gharar in Islamic Finance. Understanding Riba and Gharar in Islamic Finance. Date post: 15-Nov-2014: Category: Documents: View: 5,388 times: Download: 1 times: Download for free Report this document. Share this document with a friend. Description
  6. A small amount of gharar (also gharar qalil or gharar yaseer) that cannot be avoided due to the nature of the subject matter of the contract (aqd). This degree of gharar doesn't cause considerable damage or losses to either of the counterparties. As such, it doesn't affect the validity of the contract, i.e., it is typically tolerable and overlooked under shari'a

IntroductionDifferent definitions of gharar are provided by the Muslim scholars. Gharar defined as uncertainty means the non-existence of the contract's subject matter (Ali and Ahmad, 2007, p.54). (Al-Qarafi, 1998, p.275) provides a similar definition, and the Hanafi and Shafi'i doctrines also adopted this view (Al-Saati, 2003, p.6). In following this gharar meaning, Ali and Ahmad (2007, p.54. Gharar in Islamic Law can be classified into three categories which are the gharar fahish (major), gharar yasir (minor) and intermediate gharar. Gharar fahish (major) is extremely prohibited and not accepted in Syariah, such as selling a bird in the sky

On Deception, Uncertainty and Gharar - Practical Islamic

Gharar roughly translates to excessive risk in the context of Islamic financial jurisprudence. The doctrine states that when engaging in financial transactions, you cannot take unreasonable risks, and you must mitigate the risks Islamic financial instruments are based on the principles that they prohibit interest (riba), not have major uncertainty (gharar).Islam is a complete code of life which believes in political, social and economic system justice and also guides human being towards the right path We have shown in Chapter 2 that Islamic finance is a prohibition-driven industry. In this regard, the instigating factor for prohibition-based contract invalidation can almost always be attributed to the two factors labeled riba and gharar.We have also shown in Chapter 1 that mainstream contemporary scholars of economic analysis of the law consider such prohibitions of mutually agreeable. Gharar is the 2nd major prohibition in Islamic Finance after riba ( Interest ) . Gharar refers to guess, uncertainness or jeopardy due to the deficiency of lucidity refering the monetary value in a contract or any other capable affair Studet presentatio

THE PROHIBITION OF RIBA USURY GHARAR UNCERTAINTY AND MAYSIR GAMBLING IN ISLAMIC BANKING 1 Riba Usury Literally increase addition expansion or growth Technicall To know the reason why Gharar (risk or uncertainty) would be tolerated in some transactions, can be the base to modify Gharar-loaded contemporary transactions such as futures and options. After defining risk uncertainty and Gharar, which are found to be almost the same, we show that the prohibited Gharar is a gambling like transaction It later discusses gharar, a lesser known yet in the contemporary world of finance equally significant prohibition; the moral economy of Islam; a broader approach focusing on the spirit, as opposed to the letter of Islam; and the religious versus secular approaches to these issues Islam offers its own unique banking and finance popularly known as Islamic Banking and Finance. This growing financial system is based on fundamentals which originated from the Holy Quran and ahadith where activities involving riba' (interest), gharar (uncertainty) and maysir (gambling) are strictly forbidden

With the recent rally in cryptocurrency prices, questions have been flooding in to Islamic scholars, leading to a new round of fatawa, or legal rulings, by prominent Islamic scholars. Opinions ar With Gharar, the implications for Islamic financial instruments can be seen. For example, speculative activity in personal wealth management, short sale contracts, and derivative instruments are not permitted in Islamic contracts Generally, gharar can be divided in two categories: First: Tolerable Gharar: The Tolerable gharar (gharar yasīr, minor gharar) is gharar that can be tolerated and acceptable by both parties, and would not affect the essence 5 International Journal of Islamic Management and Business Vol. 2, No. 2, August 2016 of the contract A type of sale (bay'), in Arabic script بيع المزابنة, that involves the exchange of fresh fruits for dry ones, where the quantity of the dry fruits is actually known (by precise measurement) but the quantity of the fresh fruits to be handed over in exchange is estimated while they are in their ungathered stat An Economic Explication of the Prohibition of Gh ¯ arar in Classical Islamic Jurisprudence Mahmoud A. El-Gamal∗ c First version: May 2, 2001 Abstract The forbidden bay'u al-gh arar can best be translated as trading in risk. In the face of risk, any trade would involve some degre

Downloadable! Islamic finance, a complete rule based financial system, fundamentals of which are originated from revealed verses of the Holy Quran considered direct ordinance from the God and the practices of Prophet Muhammad (PBUH) commonly known as ahadith. Although the concept of Islamic finance is as old as the religion itself but in the Middle Ages Muslims diverted from the original. Gharar in Post-Formative Islamic Commercial Law: A Study of the Representation of Uncertainty in Islamic Legal Thought Abstract This study analyzes the conception ofgharar, which is generally translated as either risk or uncertainty, in post-formative Islamic commercial law The other important prohibition within Islamic Finance is the prohibition of gharar, or in other words uncertainty. Many Islamic scholars and jurists compared gharar to gambling and/or speculation. Professor Mustafa al Zarqa's definition of gharar is: the. Islamic Banking and Finance 2014 Conference. Paper ID 182 1 GHARAR AND MISPRICING OF EQUITY WARRANTS. MALAYSIAN EVIDENCE Razali Haron1 Department of Finance, International Islamic University Malaysia Kulliyyah of Economics and Management Sciences Jalan Gombak, 53100 Kuala Lumpur, Malaysi

Prohibition of Riba and Gharar in Islamic Banking

  1. Islamic finance is a type of financing activities that must comply with Sharia (Islamic Law). The concept can also refer to the investments that are permissible under Sharia. The common practices of Islamic finance and banking Job Titles in Banking and Finance These are the most common banking, finance, and accounting job titles for students and professionals looking to advance their careers
  2. The Islamic banking and finance movement that developed in the late 20th century as part of the revival of Islamic identity sought to create an alternative to conventional banking that complied with sharia (Islamic) law. Following sharia it banned from its practices riba - which it defined as any interest paid on all loans of money - and involvement in haram (forbidden) goods or services.
  3. Revisiting the Principles of Gharar (Uncertainty) in Islamic Banking Financing Instruments with Special Reference 35 are sales where there is an element of chance
  4. Islamic finance is a concept that has aroused and still arouses wide controversy. It was always dealt with from an ideological angle (Shah et al. 2012).However, this article may be an attempt to conduct a scientific analysis of this subject by presenting the basic principles and foundations of Islamic finance
  5. The Arabic word Gharar is a fairly broad concept that literally means deceit, risk, fraud, uncertainty or hazard that might lead to destruction or loss. Gharar in Islam refers to any transaction.
  6. Gharar - Gharar is defined as uncertainty where the results are hidden or not known, and in an insurance contract, the uncertainty are as follows: Origins of Bloodrite in Islam. Before the arrival of Islam, bloodrite has been common practice to revenge those who were killed

GHARAR: HAKIKAT DAN PENGARUHNYA TERHADAP AKAD Aksamawanti Fakultas Syariah dan Hukum UNSIQ terms mu'amalah that must be avoided and prohibited in Islam beside usury and maysir. Gharar is an element that contains obscurity and disguises that can occur in the subject, shighat and covenant objects You are here: Home » Publications » Articles » Uncertainty and Risk-Taking (Gharar) in Islamic Law Thursday, 30 December 1999 12:43 Uncertainty and Risk-Taking (Gharar) in Islamic La An Economic Explication of the Prohibition of Gharar in Classical Islamic Jurisprudence. Islamic Economic Studies, Vol. 8, No. 2, 2001. 30 Pages Posted: 19 Apr 2018. See all articles by Mahmoud El-Gamal Mahmoud El-Gamal. Rice University - Department of Economics. Date Written: April 1, 2001 Gharar in Islamic Law book. Read reviews from world's largest community for readers. It is normal for transactions, especially commercial transactions, t.. The establishment of Islamic financial institutions has brought about a new landscape in the financial system. They offer various financial products and services (hereafter, financial services) that comply with Shariah rules and principles. This means that in offering financial services, underlying contracts which include processes, utilization of financial services, and legal documentation.

Gharar fahish arises in such a case because the unborn animal may be still-born, and hence the buyer would receives a dead animal for the money paid to the seller. Conventional finance is notable for gharar-based products and dealings such as derivatives ( options , swaps , futures , etc), insurance, short sale , and so on The Permissible Gharar (Risk) in Classical Islamic Jurisprudence BY ABDUL-RAHIM AL-SAATI SOURCE: http://islamiccenter.kaau.edu.sa/arabic/Index.ht RIBA, GHARAR AND QIMAR. Presentation by: Mufti Ibrahim Essa. Shariah Advisor ISLAMIC BANKING • RIBA - Riba means excess, increase or addition - Riba in Islam implies any excess compensatio Gharar is observed with derivative contracts and short-selling, which are forbidden in Islamic finance. In addition to the above prohibitions, Islamic finance is based on two other crucial principles Islamic Finance | Q&A. What Is the Difference Between Jahalah and Gharar? By definition, jahalah refers to ignorance or obscurity regarding the object of sale or price. In other words, it is the lack of knowledge about the specifics of an object, event, or action, in.

Gharar: The Origins of the Prohibition - Islamic Law Blo

Islamic banking is relatively unknown to us. Although Islamic banking is only a segment or a 'niche' of the overall banking industry and banking market, its significance is rising steadily, and it will play an important role in the near future. Islamic banks, especially in light of the latest economic and political developments in Serbia (Etihad's acquisition of JAT, the project 'Belgrade. In Islam, these issues are governed elegantly by the Shari'ah, (gharar in Arabic), and obeying the laws of the land (government laws). Additional Islamic business principles include respect for the environment and human welfare, fair and transparent dealing, and fair and just employment and R&D policies..

THE ELEMENT OF GHARAR IN ISLAMIC TRANSACTION HUKM OF GHARAR INTRODUCTION TO GHARAR CLASSIFICATION AND EXAMPLE In Islamic Law, the purchase of this gharar is forbidden and prohibited. One of them is the hadith narrated by Abu Hurairah says: نهى رسول الله صلى الله عليه وسلم عن بي Most importantly, Islamic banking is mainly for Muslims. Due to the prohibition of riba and gharar, Islamic banking products generally tend to be less efficient than conventional ones London Rulings Two cases are worth studying a) Islamic Investment Company of Gulf Ltd v Symphony Gems amp. others (London High Court 13.02.02) b) Beximco Pharmaceuticals Ltd amp. others v Shamil Bank of Bahrain EC (Royal Courts of Justice, London 11 amp. 12 December, 2003) In the later case, the banking expert on Islamic Law and former director, Center of Islamic and Middle Eastern Law on the. Contract in Islam is an engagement and agreement between two or more parties in a legally accepted, impactful and binding manner. Islamic commercial law consists of many different types of contracts to suit different needs and circumstances; the legal relationship in these contracts involves a bilateral declaration from which flow legal consequences with regard to the subject matter and the price

Islamic Sharia allows a certain number of exceptions to the prohibition of gharar in contracts, firstly due to the type or nature of certain contracts and secondly due to consideration of the notion of necessity (Sabiq, 1999, Charkaoui Malqi, 2000) Islamic banking is generally reduced and marginalised to 'interest-free banking'. While the restrictions against riba form the very foundation of Islamic finance, debates still persist as to the exact significance of the word. Since the early days of Islam, the majority of scholars have adopted a restrictive definition: any form of interest constitutes riba Islam doesn't bring any new system, rather its approach was to finetune existing systems with its more social approach. Because of this approach, Islamic teachings targeted the Zulm in marriages, in divorces, in slavery, in transactions, in births, in deaths, in household, in relationships, in family planning, in life hereafter and many more Gharar Yasir. Investment and Finance has moved to the new domain. Please see this and more at fincyclopedia.net. A small amount of gharar (also gharar qalil or gharar yaseer) that cannot be avoided due to the nature of the subject matter of the contract ().This degree of gharar doesn't cause considerable damage or losses to either of the counterparties

Gharar in Islamic Law - Assignment Example Another major contribution of the Islamic banks is that being under supervision of their Shari.. Uncertainty or 'gharar' in contracts under the Islamic ethical code published on 30 Oct 2015 by Edward Elgar Publishing So Islamic financing tends to be structured around partnership or asset-based leasing contracts instead. Forbidden activities: Investments should only support halal (permissible) activities. Forbidden ( haram ) activities include gambling, pornography, alcohol production and sale, pork production and conventional financial institutions Economists, both Muslims and non Muslims raised some fundamental principles of the economic system and Islamic finance, first, that the product does not contain three elements, first element of riba (usury or excessive interest), the second does not contain gharar, and the third did not contain sin, such as gambling and alcohol. that in order to assess whether an Islamic or products offered by. 3.8 Overriding principles of Islamic law 10 4. Riba and Gharar 11 4.1 Riba 11 4.2 Gharar 12 5. Profit and loss sharing 13 6. Islamic finance compared with conventional finance 14 7. Shari'ah compliance and the equity market 14 8. Key issues 15 8.1 Prohibited trading items 1

Gharar in Post-Formative Islamic Commercial Law: A Study of the Representation of Uncertainty in Islamic Legal Thought . By Ryan M. Rittenberg. Abstract. This study analyzes the conception of gharar , which is generally translated as either risk or uncertainty, in post-formative Islamic commercial law The concept of risk sharing is central to Islamic banking and finance. At the same time, Islamic finance demands the avoidance of riba and gharar

Al-Gharar (Uncertainty and Excessive Risk Tasking) Mahmood Mohamed Sanusi, 2017 (Hardcover) ISBN 978-967-0149-92-9, 128 pages, RM78.00. Publisher: Islamic Banking and Finance Institute Malaysia (IBFIM) The Prohibition of the doctrine of gharar is considered one of the fundamental. English: gambling Definition: An agreement in which possession of a property is dependant upon the occurrence of an uncertain event. By implication it applies to those agreements in which there is a definite loss for one party and a gain for the other, without specifying which party will gain and which party will lose In Islamic banking, interest-bearing moneylending (in Arabic riba) is prohibited, as well as transactions involving gambling or any games of chance (maysir) and highly speculative transactions (gharar) Abstract. This article examines how gharar can infect a construction contract and if and how the extension of time and additional payment clauses can operate to negate the effect of gharar, and whether such provisions are compliant with the relevant articles of Law No. 1, 1987.This is done by identifying how gharar can infect a construction contract, reviewing the applicable laws that apply.

This study analyzes the conception of gharar, which is generally translated as either risk or uncertainty, in post-formative Islamic commercial law. According to Muslim jurists, gharar arises from uncertainty in commercial transactions. However, unlike other areas of the Islamic intellectual tradition in which uncertainty engenders errors, the uncertainty associated with gharar enables jurists. Riba, gharar and Islamic banking Series: Arab and Islamic Laws Series, Volume: 7; Authors: Walid Saleh and Ahmad Ajaj. Hardback Availability: Out of print ISBN: 978-18-53-33721-5. Definition of Risk (Islamic Perspective) Elgari, (2003) explains that risk in Arabic word is Mukatharah, which is defined as the situation that involves the probability of deviation from the path that leads to the unexpected or usual result. Risk is sometimes associated with Mukhatarah and Gharar

of riba and gharar. It is well accepted in Islamic jurisprudence that riba and gharar do not affect the legal validity of non-commutative financial contracts (e.g. gifts). Jurists have long viewed this as a potential solution to the problem of gharar in commercia Downloadable! The forbidden bay[ al-gharar can best be translated as trading in risk. Any trade would involve some degree of trading in risk. Jurists disagree over whether a specific contract is forbidden or not based on their varying assessments of whether the amount of risk is substantial or small. Moreover, the prohibition can be waived in cases where clear economic benefit can only. Islamic law of transactions states, however, that gharar (loosely translated as uncertainty or speculative risk) is prohibited in commercial transaction. Of course, given the prohibition of gharar is not a decree of the Quran but a product of human ratiocination, disputes arise as to the precise meaning, application and effect of gharar

3.8 Overriding principles of Islamic law 8 4. Riba and Gharar 9 4.1 Riba 9 4.2 Gharar 10 5. Profit and loss sharing 11 6. Islamic finance compared with conventional finance 12 7. Shari'ah compliance and the equity market 12 8. Key issues 13 8.1 Prohibited trading items 1 IF 101 EPISODE 5: SO KISASAPAR'N KO GHARAR AGO MAYSIR. Sii ko miyaipos a episode tano na piyagusay tano so riba ago so mga ropaan iyan. Imanto a gawii na aya peman a kenal'n tano na so mipantag ko Gharar ago so Maysir, so kisusumpat iyan ko Islamic Finance, inoto isasapar, ago andamaya i kalikayi ron

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