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A futures contract is an agreement to buy or sell a specific amount of an asset at a particular price on a stipulated future date. A futures contract is a standardized exchange-traded agreement. One of the most important challenges about the validity of futures contracts is that if such contracts are kind of gambling. It seems that by using legal doctrines, judicial procedure and legislation development, English Law passed the mentioned challenge. In this paper, first, we investigate the approach under which English Law encounters this issue and the elements by which a transaction is a kind of gambling in Islamic Law. Then, regarding distinct differences between futures and gambling contracts, we try to eliminate the challenge and justify such transactions. We found that: first, gambling is similar to futures contracts from the viewpoint of encountering the risk; while, gambling is the creation of risk in order to risk; taking risk in futures market is encountering the risks that necessarily exist in free market economy. Second, in gambling, the base of gaining profit is probability, chance and random, and what a gambler gains is the speculative gain; yet, the base of gaining profit in futures contracts is market analysis. Third, gambling contracts' concept includes win-lose, which is one of the elements of gambling contracts in Islamic Law; while, another profit is hidden in futures contracts whose concept differs from win-lose. This concept is Hedging or Speculation. In fact, futures markets are risk transfer systems. Forth, the framework of activity in gambling is playing a game. However, a futures market is a place for combining analyses in order to develop an economic financial activity rather than a place for gaming. Finally, we can justify futures contracts in Islamic Law by passing the challenge of being considered as a gambling.

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According to historical sources, socio-cultural conditions governing the post-Islamic society lacked moral foundations in the domain of rights, especially family rights. Now, if we claim that morality is the foundation of Islamic law, the claim for the signing of marriage contract and other legal institutions needs serious reflection, and cannot be in line with the current realities of the Islamic society. From this, one can only claim to have signed the form of this institution as a covenant and consider its related juridical bases and principles to be established by Tom. With the new readings based on its institutionalization and its acceptance give way to the innovation in judgments and provides the ability to adapt to time and place in the best possible manner in different periods. Accordingly, this research uses descriptive-analytical method and library tools to provide a new explanation of family through juridical and legal essence, contrary to the famous jurisprudential sayings and proves the institutionalization of marriage based on the two principles of ethic and chastity and considers marriage as institutionalized in terms of contract, principles, rules and behavioral nature.