Re-examination of the Juristic Foundations of Article 705 of the Islamic Penal Code; Regarding Gambling, Betting, and Lottery (Emphasizing the Reasoned Opinions of the Guardian Council)

Mosleh, Mojtaba; Eshaghi, Mohammad

doi:10.22075/feqh.2025.35994.4086

Re-examination of the Juristic Foundations of Article 705 of the Islamic Penal Code; Regarding Gambling, Betting, and Lottery (Emphasizing the Reasoned Opinions of the Guardian Council)

Articles in Press

Document Type : Original Article

Authors

Mojtaba Mosleh ¹

Mohammad eshaghi ²

¹ PhD student of Fiqh and Fundamentals of Islamic Law, University of Tehran, Tehran

² Associate Professor, Faculty of Theology and Islamic Studies, University of Tehran, Tehran, Iran

10.22075/feqh.2025.35994.4086

Abstract

Gambling and betting are among the juristic titles that most jurists have discussed in the book Al-Sabq wa al-Ramayah. Lottery, which is considered a contemporary juristic issue, has gradually been added to juristic discussions over time as it has become more prevalent, and its issues are generally examined under the title of gambling. Article 705 of the Islamic Penal Code initially focused solely on criminalizing gambling, but over time, with the expansion of similar crimes, the legislator was compelled to revise this legal provision. In the amendment of this article, the legislator has criminalized behavior outside the scope of the criminal title. However, despite the amendment of this legal article and the criminalization of this type of behavior, a juristic examination of this legal provision has not yet been conducted. The aim of this article is to juristically evaluate Article 705 of the Islamic Penal Code, with a focus on these titles and emphasizing the reasoned opinions of the Guardian Council. The results of this research, which has been written using a descriptive-analytical method, indicate that this legal article aligns with the titles of gambling, betting, and lottery; however, in some cases, such as the exemption for horse racing, shooting, and fencing competitions from the second clause of this law, it is not in accordance with Islamic principles, thus necessitating its amendment.

Keywords

Gambling

Betting

Lottery

Article 705 of the Islamic Penal Code

Guardian Council