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Paper Information

Journal:   JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW   fall 2017-winter 2018 , Volume 10 , Number 20 ; Page(s) 143 To 165.

Relation Definition between Lottery and Gambling in Iranian law and Islamic Jurisprudence

Author(s):  Nazari Oloum Meysam, Esfandiarpour Mohammad Hossein*
* Imam Sadiq University, Tehran, Iran
Despite the consensus on the illegality of gambling in jurisprudence, the concept, terms and conditions of this contract are ambiguous and this caused a difficult to interpret in legal literature and to adapt it to similar institutions such as lottery. This ambiguity has unfavorable consequences and individuals may engage in casual transactions that have a lot to do with gambling and, as a result, a void contract. In the present study, while explaining the overview of gambling, Lottery Examination is considered as one of the possible casualties, and the matching between the two entities results in the majority of the lottery examples, due to the combination of gambling elements such as collateral and risk, inside in the concept of gambling, it is void. However, this rule is not allocated, and items such as gambling in the form of a loan and a gamble in the form of a lawyer are not excluded by their structure and their different nature from the above rule.
Keyword(s): gambling,lottery,risk,pledge.
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