The Rule of Draw as a Judicial Procedure With Special Reference to Imam Khomeini's Viewpoints

There is no unanimity among the jurisprudents about the rule of draw. Literary, the word draw means pulling one share or chance out of many and the criteria for its correctness is lack of knowledge about the drawn share. There are two Quranic verses, many traditions and the precept of the learned and the reason itself proving the correctness of draw in Islam. There is unanimity among the Imamya jurisprudents on the rule of draw. The cause of recourse to the rule of draw is absolute ignorance and lack of solution. The rule of draw has been envisaged in the civil law, penal code and the Constitution of the Islamic Republic of Iran. Through elaboration of the rule of draw in Imam Khomeini’s viewpoint, this rule can find its proper place in the judicial procedures of the Islamic Republic of Iran. But a study of the application of this rule in practice shows that it is still isolated and has not found its proper place in the judicial procedure of Iran.