جستجوی مقالات مرتبط با کلیدواژه "gamble" در نشریات گروه "فقه و حقوق"

Betting in the form of predicting the results of sports competitions has increased sharply in Iran in recent years, and the statistics of the country's political and judicial authorities indicate that this phenomenon has become a social issue worthy of attention. However, in practice, a kind of inefficiency, disorder and obvious contradiction can be observed in the stance towards this phenomenon. This research, which was conducted by referring to library sources and reviewing previous researches and using a descriptive-analytical method, aims to investigate the inefficiency and contradiction of the existing policies regarding this phenomenon, which the result of the research shows that this is due to ambiguity and disagreement. In recognizing the nature, status, and in general, the legitimacy or non-start of these activities, it comes from the perspective of jurisprudence and statutory laws. This activity has an ambiguous status in terms of the practical Sharia regulations in terms of gambling, in terms of civil law regulations in accordance with hostage-taking, and in terms of criminal law regulations, which due to its significant and multifaceted harmful consequences, the necessary intervention of the legislator in formulating precise, transparent and It requires independence in this field.

Risk is a concept considered in different legal and economic systems and each has ordained different policies about it. Obviously, some types of risky actions are not accepted by all these systems especially by Islamic ones.
Due to the presence of risk more or less in most of the contracts, it is essential to explain the concept and position of this element to distinct between the legal and illegal ones. What can simplify this explanation is enumerating and studying the elements of contracts accompanying the risk element, finding the relationship between the identified elements and the risk element, in order to be able to provide an accurate categorization of these contracts based on this element.
The result of elemental studying of these contracts which are gamble, betting, Gharar, probable and chance contracts, is a hierarchical definition of risk element. Based on this definition, the lowest level of risk is attributed to right contracts and highest level is defined in gamble and betting (gambling contracts). Between these two levels is the risk which creates Gharar. Other cases are placed in one of the triple levels based on the associated risk.
Therefore, in Islamic legal and economic systems there are three different levels of risk and each level has its especial rules and consequent legislator exposure would be different. So that, In contrast to the maximum protection from right contracts, in highest level of risk not only there is no protection but also some cases (gamble) would be a criminal offense.

One of the issues raised in banks loan account which aims to help the needy and the benefit does not apply to these accounts, but banks are the lucky draw prize to people who are opening this account.This has caused some people attempted to open an account to get the prize and represents one of the former lottery that people bought raffle tickets to win rather than help the needy. This has caused some bring banks an institution's raffle. The auther seeks to express the fact that despite the similarity of the prize to former raffle, it is permissible.

Option contract is one of the financial derivatives used to manage and control risk. Some doubts have affected its application and usefulness in Islamic financial markets. On some grounds such as wagering on future prices، jeopardizing the capital and acquisition of a windfall wealth، the lack of intention by parties to create a legally binding contract، and the lack of legitimate cause for acquisition، etc.، the critics regard the contract as gambling and a void one. This article shall، by contrasting the option contract with gamble in Iranian and English legal systems، conclude that these doubts derive from the characteristics peculiar to option contract، on the one hand، and from the critics’ in acquaintance with option contract and gamble، on the other. Therefore، the similarities between them are only superficial، and the two contracts differ materially from many aspects such as their nature، subject-matter، function، purpose and rules.