Lucky Draw and Gambling
- Pages: 28
- Word count: 6929
- Category: Islam
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Islam has strictly prohibited all the activities that are did not give any benefits or get the profits from a wrong or illegal ways. It also waste peoples’ time, energy, money and make others in trouble and difficulties. The activities are like riba, fraud, gambling, gharar, sell goods that are no use and others. All of the activities are against by Shariah but in our country, there are many cases of these activities. People do not take care about halal and haram of the things that they do. They just want money in a fast way. Muslims especially should control these problems from the continued widespread so that all of the transactions that we do are not contrary with the objectives of Shariah.
According to Macmillan English Dictionary (2007), gambling means an activity in which you risk money in the hope of winning more money if you are lucky or if you guess something correctly. It also defined that gambling is a situation in which you take a risk on something that can give you important benefits. It is the transaction that is based on one party’s gain and another’s loss or if the transaction is obscure. According to Walker, M. in The Psychology of Gambling (1992), it stated that gambling is being legalised throughout the world. When a community decides to legalise some form of gambling, they decide in favour of the benefits over the costs. The benefits usually consist of increased revenue to government and increased control over criminal activity associated with illegal gambling (p.1). It is contradicted from Islamic perspective.
In Islam, gambling has categorically and firmly prohibited so that the human society is saved from its ill-effects and harms. According to Sheikh Ahmad Kutty in islamawareness.net (2002), gambling is haram because of the element of gharar (uncertainty) in it, which deprives some people while granting it to others. In Kitab Al-Buyu’ which is the book of transactions, gambling means “getting something too easily” and “getting profit without working for it”. The literal meaning of the term explains the principle on account of which gambling is prohibited in Islam. Any monetary gain which gets too easily where one does not have to work for it is unlawful.
There are three elements of gambling.
The characteristics of gambling are it is accompanied by two or more players to let them keep producing property whether movable betting continues submitted or promised to be delivered. Second is, in this transaction, to enable a person to obtain another person’s property he needs to put his property on two probabilities (risk), whether a profit or loss. He will make a profit when they win because reaping all bets other participants or suffer losses because losing a bet issued.
1.2.1 Definition of Gambling
Gambling, according to Oxford Dictionary Online defined gambling as a play game of chances for money; bet or take risky action in the hope of a desired result. The Islamic Ideology Council has quoted the definition of gambling (al-qimar) from the book, “Al-Iqtasad ul Islam”, as that al-qimar is a contract under which the parties agree with each other that one of the parties would pay to other a certain sum upon the happening of a certain sum upon the happening of a certain event (as cited in Rizwan Ahmed Farid, 2010). The Council of Islamic Ideology defines:
“Briefly, qimar/maisir means every form of gain of money the acquisition of which depends purely on luck and chance and as opposed to others equally eligible, one man may acquire income as a result of lottery, draw or as a result purely of any other chance. Gambling, wagering and all of the games of chance are included in ‘qimar‘.”
Al-Qal’aji defined al-qimar as every game that required that the winner will scoop (betting) from the losing (as cited in M. Nazri Chik, 2011). Ibnu Al-Manzur states that “qamara” is the same with “rahana” and in one of the meanings “al-murahanah” is “al-mukhatarah” which is risk taking.
Muhammad Ayub (2007) states that al-qimar includes every form of gain or money, the acquisition of which depends purely on luck and chance. Maisir means getting something too easily or getting a profit without working for it. All contracts involving Qimar and Maisir are prohibited. Present-day lotteries and prize schemes based purely on luck come under this prohibition. Dicing and wagering are rightly held to be within the definition of gambling and Maisir (p. 112).
1.2.2 Types of Gambling
These are the common type of gambling proposes by gambleaware.co.uk (2012);
A bet is an agreement – usually between a bookmaker and a customer – that a sum of money will be paid by the layer (bookmaker) to the backer (customer) if the backer correctly predicts the outcome of a future event, for example a football match or general election.
Bingo is a game of chance in which players receive a set of numbers on a card in return for a stake. During the course of play, players mark off their own numbers as a caller announces a series of randomly drawn numbers. The first player to mark off a given pattern of numbers on their card is the winner.
A casino is a licensed building or room in which gaming takes place. Traditional casino games include table games (eg roulette and dice games), card games (eg blackjack and baccarat) and gaming machines.
Gaming machines enable the player to play an automated game of chance for money. They include electronic gaming machines where the player interacts with a VDU, slot machines with physical spinning reels, coin-pusher and crane grab machines.
A lottery is a game of chance which a player enters by selecting and purchasing a set of numbers that may match those drawn later, for the chance of winning money or prizes.
In pool betting, the betting operator “pools” the players’ stakes. The pool – less any deductions made by the operator – is shared between winning players.
Spread betting is a form of gambling in which stakes are wagered not on the result of a contest but on the number of “points” scored (eg number of runs scored in a game of cricket, number of seats won in a general election). Winnings and losses are calculated according to the accuracy or inaccuracy of the player’s prediction.
A raffle is a lottery in which the prizes are goods and / or services rather than money.
Mobile, online and remote gambling
Variations of most types of gambling can be carried out remotely via the internet used in conjunction with a personal computer or mobile device.
1.2.3 Elements of Gambling
Three elements of gambling (qimar);
If there is admission charge for the event then there is an element of consideration. A “casino night” format in which no guest is required to part with anything of value to participate in games of chance lacks the consideration element of the offense of gambling. Therefore, if there no admission charge for the event and all guests are given gaming pieces (chips or gaming money) there is no consideration.
Since the object “casino night” is to play games of chance, it is difficult to completely eliminate this element. As stated previously, the penal code is not violated if one of the three elements is absent. Therefore, the element of chance does not have to be removed from the games when either
consideration or prize is absent.
A prize is something offered that has value. Certificates or trophies having no resale value would not be considered prizes. If there is no charge for the gaming pieces then prizes of value can be auctioned or given away based on winning.
1.2.4 Characteristics of Gambling
Meaning: From Ibn Abbas RA, he said: “Al-maisir is qimar. In the Days of Ignorance, a man risking (staked) his wife and his family. Then any of those loose, then the winner will take away his wife and family. On the basis of the above, Imam al-Jassas concluded that al-qimar is a “give possession of the property to the risk of loss on both sides”, while other jurists do not give a direct and clear definition of gambling. But when examined their writing, it can be concluded that the main features are two things gaming. There are two characteristics of gambling:
1) It is accompanied by two or more players to let them keep producing property, whether movable betting continues submitted or promised to be delivered. This property that would be the reward for those who selected or win.
2) In this transaction, to enable a person to obtain another person’s property, then he needs to put his property on two probabilities (risk), whether a profit or loss. He will make a profit when they win because reaping all bets other participants, or suffer losses because losing a bet issued. Imam Ibnu Qudamah al-Hanbali more clearly explained in his book al-Mughni;
Meaning; and if the gift comes from the participants, the competition was considered illegal because it belongs to the chapter for each participant gambling and not lonely.
1.2.5 Hukum of Gambling
The jurists agree that gambling is forbidden by Islam based on the Surah Al-Ma’idah as below;
O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful.
Satan only wants to cause between you animosity and hatred through intoxicants and gambling and to avert you from the remembrance of Allah and from prayer. So will you not desist?
Imam al Jassas in interpreting the above verse explains this verse refers to the Arabs before Islam gambling with arrows. Know that they were slaughtering a camel and deviding it into different sections in a various size. Then, every part of the meat is given a name and the name is tied to the arrows. Then the arrows are grouped together several unnamed arrows and draw will be made. Whoever got the arrow anonymous not only meat but do not get to pay for the whole camel (as cited in M. Nazri Chik, 2011). Al Quran prohibiting this behaviour in Surah Al Maidah verse 3.
Prohibited to you are dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah , and [those animals] killed by strangling or by a violent blow or by a head-long fall or by the goring of horns, and those from which a wild animal has eaten, except what you [are able to] slaughter [before its death], and those which are sacrificed on stone altars, and [prohibited is] that you seek decision through divining arrows. That is grave disobedience. This day those who disbelieve have despaired of [defeating] your religion; so fear them not, but fear Me. This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion. But whoever is forced by severe hunger with no inclination to sin – then indeed, Allah is Forgiving and Merciful. Apart from the word al-maisir as used in paragraph 90 above, also referred as qimar (gambling in Arabic). Ibn Jarir al Tabari states the opinion of Mujahid, Hasan al-Basri, Ibn Sirin Muhammd, ‘Ata’ ibn Abi Rabah and others that al-maisir is qimar which on debating the word of God in Surah Al Baqarah verse 219.
They ask you about wine and gambling. Say, “In them is great sin and [yet, some] benefit for people. But their sin is greater than their benefit.” And they ask you what they should spend. Say, “The excess [beyond needs].” Thus Allah makes clear to you the verses [of revelation] that you might give thought. From the above, it is clear that the Quran prohibits a gambling (qimar). Rasulullah (PBUH) said: “Whoever says to his companion, ‘Come, I will play you for stakes,’ must expiate by giving charity.” [Sahih Bukhari]
1.2.6 Fatwa of Gambling
Majma ‘al-Fiqh al-Islami al-Duwali (International Islamic Fiqh Academy) the 14th Conference in Doha, Qatar from 11 to 16 January 2003 was issued Resolution 127 (as cited in M. Nazri Chik, 2011), in discussing the position of the cards among other competitions as follows:
1. All games and competitions are taken from a collection of the prize money to participants is illegal because it contains an element of chance.
2. Prize competition is only allowed if it is provided by a third party who did not enter the contest or a prize taken from participants’ fees.
3. Competition offering prize is a must if:
The purpose and method of implementation allowed by the Sha’riah Prize does not come from fees derived from sources across participants. The competition does not lead to the compulsory leave or do illegal things.
1.2.7 Reasons of Gambling
MS Al-Munajjid (2012) proposes eight reasons why gambling is forbidden in Islam which are:
1) Gambling makes a person rely on accidents, luck and wishful thinking for his earnings, instead of hard work, the sweat of his brow and paying respect to the ways prescribed by Allah.
2) Gambling destroys families and causes the loss of wealth through haram means. It makes rich families poor and humilities proud souls.
3) Gambling results in enmity and hatred among the players, because they are consuming one another’s wealth unlawfully and getting wealth unlawfully.
4) Gambling turns people away from the remembrance of Allah and from prayer, and pushes the players to have the worst of attitudes and habits.
5) Gambling is sinful hobby that wastes time and effort, and makes people get used to laziness and idleness. It stops the ummah from working and producing.
6) Gambling pushes people to commit crimes because the one who is penniless wants to get hold of money in any way he can, even if he has to steal it or take it by force, or through accepting bribes and cheating.
7) Gambling cause stress, illness and nervous breakdowns. It breeds hatred and it most cases leads to crime, suicide, insanity and chronic illness.
8) Gambling pushes the gambler to bad behaviour such as drinking alcohol and taking drugs. The atmosphere in which gambling takes place is dimly lit and filled with cigarette smoke; people talk in hush voices and whispers, and sneak in and out as if they are up to no good. They come in hesitantly, filled with suspicion, and gather around the green table, breathing uneasily and with their hearts pounding.
1.3 LUCKY DRAW
According to The Free Dictionary by Farlex (2006), the luck of the draw means the result of chance and you have no control over it. It is a competition in which you win if the number on your ticket is chosen. Lucky draw means winning something in a competition where the winner is chosen purely by a chance. In sale of products, lucky draws are one of the method of selecting one or a few of company’s large number of customers for the stated purpose.
Chief Justice of Pakistan Iftikhar Muhammad Chaudhry in awamipolitics.com (2012) said that prizes bong scheme, lucky draws and lotteries are gambling and unlawful and strictly prohibited. Justice Tariq Pervez while hearing the case said that, lucky draw schemes are a punishable crime and those who organising such schemes as well as those partaking in them are both equally responsible and guilty.
In Emirates 24/7 article (2010) state that, a fatwa that released by the official fatwa centre in Abu Dhabi has deemed lucky draws, for example one buys a coupon to win a car as a gambling and it is unlawful. According to fatwa, “One who gets coupons for a draw as a result of buying goods from a shop where the intention of the person was to buy the goods alone and the coupons merely came along with the purchase, then it is allowed”.
1.3.1 Hukum and Dalil of Lucky Draw
Lucky draw is completely the result of chance1.Lucky draw as many forms and types, some legitimate and some are illegal2.From Dr. Ash-Sheikh Yusuf Abdullah al-Qaradawi and Assoc. Dr. Ali Al-Salus and Sheikh Muhammad Al-Munjid Salleh said that Islam does not forbid the human to make money in the range of reasons and causes, as long as it is according to the Sunnah of Allah in the universe and in the community3.Then, wealth has to be earned in a permissible way and do not involve in prohibited business activities. In describing the lucky draw of law required to recall some of the rules of Islamic law which are4: The rule in the history of Imam Muslim from Abu Hurairah: ” Prophet Muhammad SAW banned from buying and selling (in a way) gharar”. Ghararis not known whether or not earned or what you do not know the nature and levels. 1) Shari’ah rules contained in the word of Allah, Surah Al-Maidah, verse 90-91:
O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah ], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful.Satan only wants to cause between you animosity and hatred through intoxicants and gambling and to avert you from the remembrance of Allah and from prayer. So will you not desist? And in the hadith of Abu Hurairah narrated by al-Bukhary and Muslim, the Prophet Muhammad SAW said: “Anyone who says hello to his friend:” Come with me qimar “, then he should give charity.” That he should pay kaffarah (fines) atone for his words. Verses and hadith above shows that the gambling and qimar is haram in muamalat.
1.3.2 Rules of Lucky Draw
Based on the two rules, the following we will try to elaborate the forms of lucky draw largely along with the law:
1) Lucky draw unconditionally.
Form and example:
In shopping centers, markets, fairs and such as a move to attract visitors, sometimes distributed raffle coupon for every visitor without having to buy an item. Then after it is done drawing that can be seen by all visitors.
Lucky draw shapes like this are allowed because of its origin in a muamalah is permissible and lawful. It is also not visible in the form of lucky draw forbidden things such as injustice, usury, gharar and fraud.
2) Lucky draw on condition of purchase of goods.
The form and example:
Lucky draw that cannot be followed except by the purchase of goods which is determined by the organizers.In most supermarkets, it’s having placed a variety of gifts such as refrigerator, radio and others. Who would buy a certain item or have reached a certain amount in the purchase and it will get a coupon.
These lucky draws have two conditions in legality:
i) Product price increases with the implementation of the lucky draw. Legal: Haram because no additional price meant he had to pay to get into a muamalat that might profit and loss.
ii) The lucky draw does not affect the price of the product. Companies entered into draw just popularize their products.
According to SyaikhIbnu ‘Utsaimin, SyaikhSholih bin ‘Abdul ‘Aziz AluAsy-Syaikh, LajnahBaitutTamwil Al-Kuwaiti danHaiah Fatwa di Bank Dubai Al-Islamy, legal must be specified. When purchasing goods with intention to
have a lottery then classified into gambling are forbidden in the Shari’ah as the purchase of goods were deliberately spend money to be able to participate in the lottery. If buyer need the goods or products after that he got the coupon then this is not forbidden because of its origin in muamalat is permissible and lawful or not in the form of gambling and qimar this form.
According to Syaikh Abdul ‘Aziz bin Baz and Al-Lajnah Ad-Da`imah, this lucky draw is absolutely forbidden. This is because it is not separated from the form gambling and measure buyer intention, whether he means stuff or just wants to have a lottery is a difficult case. First opinion is more preferable than second opinion. This is because no additional price of the goods and the buyer is the basic purpose of requiring the goods then this is a clean muamalat of qimar and size reasons to abort a second opinion.
3) Lucky Draw only at a cost.
The form and example:
Lucky Draw that can be done every person who pays the fee to participate in draw or to pay to be able to keep up with the cost of the draw such as sending coupon or card into the raffle draw using postage stamps. Certainly send the stamps issued in accordance with the price of the postage costs.
The ruling is haram because the cost of a muamalat is not yet clear that lucky or not, then it includes qimar.
IFTA Dar al-Misriyyah (fatwa authorities in Egypt) consisting of scholars of al-Azhar al-Sharif issued a fatwa number 19752 which is quite clear on this matter, as follows:
Meaning: “Draw is to be the eyes of Sha’riah, as they define and banned (halal) and not also legalize (illegal). It has been common done over the past. “
Fatwa by Dar al-IFTA based on the following evidences:
1) Draw made by people who want to take care of Mary, daughter of ‘Imran, as Allah says in Surah Ali Imran: Verse 44:
Meaning: “This is an account of the news of the unseen which We reveal to you not being there with them when they cast their pens (to know) which of them should be the guardian of Mary. And you were not with them when they disputed (the point charge and care of Mary. “
2) Draw made in the ship boarded by Prophet Yunus AS to determine who will be thrown into the sea as described in Surah al-Saafat: Verse 141:
Meaning: “And he (Prophet Yunus) voting, and it is from the the loser. “
3) Hadith narrated by Sayyidatuna ‘Aisyah RA:
Meaning: “That the Prophet SAW if you want to go out traveling, he will hold the drawing of lots among the wives.”(Hadith narrated by Al-Bukhari)
4) Hadith narrated in Musnad Ahmad bin Hanbal:
Meaning: “That the two men mutually claiming ownership of an animal, but none among them have any evidence for his claim. So the Prophet ordered them both do vote on who should swear, whether it likes it or not. “
5) Commander of the Muslim army act, Sa’ad bin AbiWaqqas during the Battle of al-Qadisiyyah hold balloting between two people muezzin to determine who will be calling the Adhan.
However, wherever it is a question of causing loss to some in the drawing of lots with the result that others benefit at the cost of those who lose, it will be prohibited type. A lottery, in which the incentive provided to the investors, is disproportionate prizes distributed by drawing of lots, or where a participating person intends to avail themselves of chance at prizes, is repugnant to the injunctions of Islam. In some other schemes, tickets, coupons or tabs are given on the purchase of product, leading further to the drawing of lots. In such cases the inducement is by an uncertain and unknown event, depending on chance, and such a promoting of sale is clearly hit by the injunction of Islam, generally prohibiting gambling, wagering and swearing.
Another aspects worth discussion is that such schemes involve Riba, Gharar and Jahl in addition to Qimar or gambling. The proceeds of such schemes take the form of debt and the prize paid is a part of the determined additional payment made by the banks (borrower) to the lender. While the winners of the prizes take the interest money through lottery, the non-winner just wait for their chance. According the Sha’riah principles, if the intention of a purchaser of an exhibition ticket is basically to win the prize, the buyer of the ticket will be a sinner. Not only the money pooled for prizes is illegal, but the method of its distribution through the lottery system also resembles gambling. By observations on the views of scholars on this matter, draw clear that the original law in any aspect is a must and there are no any evidences that explicitly forbid it. This necessity occurs when:
1. All parties receive extracts are receiving the same rights
2. There is no element of gambling (“maisir”) in the business
3. Draw is the thing that is permissible in Sha’riah.
Lucky draw may fall to haram when it have element of gambling. According to the contemporary religious scholars at the International Fiqh Conference gambling is haram and it proven in Hadith of Imam Ibnu Al-HanbaliQudamah:
“And if a competition or game that comes from the fees participants, then it is illegal because it belongs to the section gambling luck “qimar”, and because each participant is not free from the opportunity to earn profits or incur losses, thus very clear it from the category of people devouring one another, seeded hostility and arguments “(Al-Mughni, IbnQudamah)
1.4 Research on the case and awarding prizes that occur from the owner and other items stated prize is divided into several types.
1.4.1 Situation 1st : To be a gift to pay the cost to enter the contest, means, no one can access to download the award context costs to pay.
Example: you are here, people buy the card and then enter the contest, and now held by several examples of media competition so far in connection with body guards for the competition then the answer may not win prizes. Ruling: this is the kind of gambling that is prohibited, that should not be if the prize or contest conducted by paying a fee to enter the contest whether this fee card purchased way public or communications (phone) and so the burden of money, this is the type of meal gambling. Reason: because in one or both profit or loss, and provide us with the underlying control treatment, to prevent gambling and both stated that the facilitator and staff to include the care of good people profit or loss, so now you find that the cost of two hundred riyals or by purchasing more cards or through contact and then after that we can get something from the gift may not get any of them.
1.4.2 Situation 2nd : to be a gift by the purchase.
Explanation: dealer offering prizes for competitions that cannot be entered except by the purchase of goods sold otherwise cannot enter the competition. Ruling: Illegal and should not be and it is gambling.
Reason: because customers who bought this product prices increase, should win the award may not receive an award, but good profit or loss.
1.4.3 Situation 3rd : Gift is a gift to the buyer informed.
Explanation: you buy goods and are stated by the seller to you that the goods are of a particular gift. Ruling: Permissible and it allowed.
Reason : Because this form of gift or discount reductions and there is no gharar because the gift already known.
1.4.4 Situation 4th : Prizes are not known but are present in the products.
Ruling : There are details of it. if this affects the price, which increased the price for a gift, then this should not be because men enter this muamalat in either profit or loss, the possibility of price increases is equivalent to a gift or better or less then it was in the same situation if profit or loss, if so then they should not. Thus if a gift – gifts – no impact on the price, then this is a must and it does not matter to him because as mentioned that this is due to the reduction and discount and original in muamalat is halal.
1.4.5 Situation 5th : Gifts for some items not in another, then someone likely to buy gifts and instead of possibility no prizes.
Ruling : Permissible however be associated with two conditions:
1st : Gifts do not affect price.
2nd : Someone buys because they require the goods. (not because of a gift).
1.4.6 Situation 6th : gift of cash (which is found in the goods for cash). Ruling: Different views about contemporary scholars to the two views. First view: illegal and should not be.
Second view: detail of the problem. They said, is seen to dirhams (money value) if it is something small then this is alright with it.
1.4.7 Situation 7th : Coupon draw to win prize.
Explaination : some shop or business when you buy something from goods customers get the card and after a certain period they attract the card. The meaning, when purchase goods given card number and another number when you place youp company or business, and then after period of withdrawal will be implemented at these numbers but leave the flats received this award. Rules : this section is the subject of dispute between late. 1st opinion : the passport, he says : Sheikh Muhammad bin Utsaimin mercy of Allah and legitimacy of Kuwait Finance House and the condition of two condtions : 1st condition: do not the value of goods means do not to strike increase in prizes value goods, the price of the ID. 2nd condition: it must be purchased for this product is in the framework of need and not intended for the purchase award.
Reason A : that the original start things like solution.
Reason B : a flawed gambling, gambling has been dropped, if not as the gift of the effects of price.
2nd opinion : that this may not be prohibited and this is the view of Sheikh Abdul Aziz bin Baz, may Allah merciful he and Permanent Committee for Fatwa and Research Scientific Publications, advocacy and guidance in Government. Reason A : they said: “ like pictures in which gambling evil away and the fact that the first restriction, may be difficult. Reason B : and also says : there is damage to other people – other shop. Reason C : and also said: “this is cause, because what they do not buy the goods needed”. Ruling : in hotels such as the progress and know that God allowed to say “if you set the restrictions mention by owners opinion first”.
(Sources : Wazin bin Man @ Othman. (2010). Fundamental of Arabic language for muamalat. Universiti Utara Malaysia Press: Sintok.)
1.5 Finding and discussion
1.5.1 Hukm that related with gambling
I. Investing money on horse races.
Hukm: it is prohibited.
According to Khaf (2004), “Yes, betting on horse and any other racing is a sort of gambling even if you spend year on researching and studying it. It is in the final analysis a chance like any other gambling. Who said in gambling (all different kinds of gaming) there are o studies and research.” (p. 2). Even you use the words invest or to encourage the race, it is still prohibited since you involve in that kind of transaction. There is no element of studies or research in the gambling.
II. Work on making a survey on gambling.
According to Khaf (2004), “The principle is: if the rendered service is specific so that it can only be used by a producer of a prohibited product/service, it is then considered part of the latter and prohibited like it. In all circumstances the compensation should not be given back to the employer because it was paid against services it received.” (p. 4). It is depending on how your surveys have been done. Such as, if your survey is only giving a benefit on that activity or to promote the activities, it is Haram. Money that you have been received is Haram. But the money is Halal when you give to the Muslim charity which is for a poor or needy they can use the money to buy their requirement.
III. Selling lottery tickets.
According to Khaf (2004), as a muslim we are prohibited to sell those haram thing such as, liquor, pork, porn, ticket gambling, and etc. Since they are prohibited, so the money that we have getting is Haram.
IV. Working in a Store Where Chicha, Tobacco and lottery are Sold Hukm: permissible
According to Khaf (2004), working in the store that have sold permissible thing such as food and also have sold prohibited thing, it is permissible as long as you are not carry or use the prohibited thing. If you do it is already turn to Haram. If you as a manager which is your responsible to manage the prohibited things in store, it is prohibited already. Because of you have the authority on that, money that you received is Haram since you sold the prohibited things. V. Giving prize is a gambling.
Khaf (2004) point out that, “Distributing gifts by drawing numbers or any other random method is absolutely permissible. The Prophet, pbuh, used such a method for selecting who of his wives would accompany him in each trip. Such random drawing is permissible as long as there is no charge for buying the numbers. If the numbers are purchased it becomes a form of gambling.” (p. 9).
VI. Receiving cash prizes from a bank.
Since the prize had been given in the certain account in all categories and it is not stated in the agreement and no additional charges, it is halal. It is just a promotion and advertisement activity. In the otherwise, if the prizes only give in one category of account and there have an interest, stated in the agreement, it is haram. It is known as Riba which is hidden beside the name of prize. (Khaf, 2004)
1.5.2 Act that related with gambling
In Malaysia, the government has established several act which is related with the gambling such as Gaming Houses Act 1953 (Act 289), Betting Act 1953 (Act 495), the Racing (Totalistor Board) Act 1961 (Act 494) and the Lotteries Act 1952 (Act 288). Since Malaysia is one of the countries that their official religion is Islam, activities of the gambling are prohibited. There are a few examples for the acts above:-
I. Section 3 of the Lotteries Act 1952 (Act 288)
Lotteries unlawful except with permit of Minister of Finance. Subject to section 16, any lottery promoted or conducted without a permit granted by the Minister of Finance under this act or otherwise than in accordance with this act shall be unlawful.
II. Subsection 9 (1) of the Gaming Houses Act 1953 (Act 289) Buying Lottery ticket.
Any person who either personally or by an agent pays or deposits any money or money’s worth to or with any person concerned in the business of a common gaming house as a stake or for or in respect of any event or con tangency connected with a public lottery or buys a lottery ticket shall be guilty of an offense and shall, on conviction, be liable to a fine not exceeding *five thousand ringgit or to imprisonment for a term not exceeding six months or to both.
III. Section 27 of the Gaming Houses Act 1953 (Act 289)
Nothing in this act contained shall affect any lottery authorized or licensed under the provisions of the Social and Welfare Services Lotteries Board act 1950-1962 (Act 252), or the Lotteries Act 1952 (Act 288) or any sweepstake promoted by a racing club established in peninsular Malaysia on the result of a horse race, and any reference in this act to gaming or to a lottery shall be deemed not to include a reference to any form of gaming or to any lottery so authorized or licensed.
IV. Section 18 of the Shariah Criminal Offences (Federal Territories) Act 1997 (Act 559) Gamble
(1) Any person who gambles, or found in a gaming house, is guilty of an offense and liable on conviction to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both. (2) ‘Gaming house’ means any premises, including rooms, offices or outlets, whether open or enclosed, used or maintained for the purpose of conducting any game that results depend on luck or a combination of skill and fate, whether authorized by any other law or otherwise, for money or money’s worth.
V. Section 4B of the Gaming Houses Act 1953 (Act 289)
Offences relating to dealing in gaming machines (a) Any people who are deals with or in any manner whatsoever transacts in, any gaming machine or any part of any gaming machine or any interest of any kind in any gaming machine or any replacement part for any gaming machine. (b) Any person who are imports, manufactures, assembles, supplies, sells, assigns, charges, leases, hires, services, repairs, adapts or modifies, or carries out any combination of those activities in relation to, a gaming machine or any part of any gaming machine or any replacement part for any gaming machine, shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit and not more than one Common Gaming Houses eleven thousand ringgit fir every gaming machine seized and shall also be punished with imprisonment for a term not exceeding five years. From the above discussion and evidence that we have found that, gambling is prohibited. It is stated on holy book al-Quran and Hadith since there are chance to lose and chance to win. People will suffer on loses. The money that they will get without any effort on that is prohibited because we not work on it. Similarity on lucky draw and gambling, both transactions is uncertainty but for lucky draw, it is having a certain situation that is permissible for that. Lucky draw is under the category of gambling.
Gambling is more about betting to get more money. They are betting and put their money without any effort and it is uncertainty transactions. This is one of the example on how gambling works.
There are so many argument about the lucky draw either they is prohibited or not. According to Khaf (2004), “The lucky draws, as described, are permissible. The difference between them and gambling is that in gambling you pay for the chance to win. Here you don’t. This is exactly the difference between the Haram and Halal, it is not the point of distribution by chance. There may be an ambiguity caused by translation. Distribution of a gift or a privilege by chance is called Qur’ah. Qur’ah is a random selection to give a gift or a privilege. The Prophet, pbuh, used this technique in selecting who among his blessed Wives would accompany Him in travels. Such draws becomes prohibited, if prices are inflated to include gambling. The example is if the normal price of a commodity is x but it is sold for x+y if you want to participate in the draw.
One may argue that the cost of promotion is anyway included in the price charged to consumers one way or another, but that alone does not cause prohibition if the price for that commodity is x+y for all customers, those who enter the draw chance and those who do not because it is normal that all cost be included in the calculation of prices whether they are given by a draw or otherwise; in fact, giving it by a random draw is more fair and more acceptable by customers (this is why the Prophet used it in selecting the privileged wife for each travel). What caused it is paying a price for the chance.” (pp. 11).
Many people are arguing about the lucky draw which is one of the opinions said that is permissible and the other says prohibited. The argument is because of unclearly understood about the al-Quran and Hadith have said. Whatever opinion release, we as a muslim must back to what al-Quran have stated.
They ask you about wine and gambling. Say, “In them is great sin and [yet, some] benefit for people. But their sin is greater than their benefit.” And they ask you what they should spend. Say, “The excess [beyond needs].” Thus Allah makes clear to you the verses [of revelation] that you might give thought. [Surah al-Baqarah: 219]
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The Free Dictionary by Farlex. (2006). Retrieved on 2013, 15 April fromhttp://idioms.thefreedictionary.com/the+luck+of+the+draw Staff. (2010). Fatwa declares ‘lucky draws’ are haram. Retrieved on 2013, 16 April from http://www.emirates247.com/news/emirates/fatwa-declares-lucky-draws-are-haram-2010-11-29-1.322688 Eman. (2002). Islam’s stance on sale prizes. Retrieved on 2013, 16 April from http://www.islamawareness.net/Gambling/gambling_fatwa005.html Mubashir Mahmood. (2012). Prize bond, lucky draw are unlawful and prohibited: Chief Justice. Retrieved on 2013, 15 April from http://www.awamipolitics.com/prize-bond-lucky-draw-are-unlawful-prohibited-chief-justice-4701.html Kitab al-Buyu’ (The Book of Transactions). (n.d). Gambling. Retrieved on 2013, 15 April from http://www.iium.edu.my/deed/hadith/muslim/010_smt.html