Analyzing the Nature of Lottery in Iranian Jurisprudence and Law

Abstract

Despite the consensus on the prohibition of gambling and the application of its concept or ruling to most cases of lottery according to Iranian jurisprudence and laws, sometimes the involvement of elements, such as the intention of donation and other Shariah purposes, as well as the variety of current contracts in it, such as sale, peace, loan, etc. along with a justified and decisive element, such as a lottery to determine the final winner may manifest the lottery completely legitimate, or at least create doubts in some instances of the lottery. This research has analyzed and examined the statements of legal experts with a descriptive-analytical method, first, by considering the possibilities in the compensation, such as whether the payment is for a ticket, or the right to participate in a lottery, or the possibility of making a profit as a sale; secondly, considering the nature of the types of contracts in the trading of tickets; and it is believed that the correctness of lottery is subject to the fulfillment of conditions but common lotteries generally lack them. Finally, relying on numerous evidences, it removes possible doubts that may affect the sanctity of lottery in some cases.