Drawing of Lots (Qur’ah and Maisir)
Definition and Context
In Islamic tradition, the concept of drawing lots is expressed through two distinct terms: qur‘ah (قرعة) and maisir (ميسر). These terms refer to practices with different connotations and implications in Islamic law and society.
Qur’ah (قرعة)
Qur’ah is the Arabic term specifically referring to the casting or drawing of lots utilized for the equitable division of land, property, or making decisions when a choice must be fair and impartial among parties. This practice is recognized in Islamic jurisprudence as a legitimate method to resolve certain disputes or make decisions, provided it is conducted justly.
Etymology
- Arabic: قرعة (qur‘ah)
- Turkish Translation: Kura
Maisir (ميسر)
Maisir, on the other hand, refers to practices involving games of chance or gambling. This term is heavily condemned in the Qur’an, as gambling and games of chance are viewed as harmful and leading to societal discord and personal moral corruption.
Etymology
- Arabic: ميسر (maisir)
- Turkish Translation: Kumar
Qur’anic References
Maisir
The Qur’an explicitly prohibits the practice of maisir in several surahs, including:
- Surah Al-Baqarah (2:216)
- Surah Al-Ma’idah (5:92)
The prohibition highlights the division and hostility that gambling can bring among individuals and communities.
Hadith and Scholarly Commentary
The Hidāyah, a classical legal text, elucidates the conditions under which qur‘ah may be applied. Volume IV, page 17 of the Hidāyah, examines the use of qur‘ah for dividing property and making impartial decisions, affirming its validity in Islamic jurisprudence.
Scholarly Commentary
- “The Hidāyah: A Commentary on the Islamic Laws” by Burhan al-Din al-Marghinani
- Provides detailed explanations on legal perspectives and application of qur‘ah and the prohibition of maisir.
Legal and Ethical Implications
- Qur’ah: Seen as permissible and a method to maintain justice and equity. Applicable in contexts like inheritance disputes, land distribution, and other civil matters.
- Maisir: Forbidden due to its association with gambling, which Islam views as morally corruptive and societally harmful.
Cultural Practices and Modern Context
While gambling in the form of maisir remains prohibited, the practice of qur’ah is still employed in various cultural and legal contexts in modern Muslim societies. Tools like randomized selection and drawing lots are used to promote fairness without recourse to speculative or deceitful practices.
Suggested Books for Further Study
- “Introduction to Islamic Law” by Joseph Schacht
- “The Different Aspects of Islamic Culture: The Foundations of Islam” edited by Idris El Hareirat and El Hadji Sidi Mbaye
- “Principles of Islamic Jurisprudence” by Mohammad Hashim Kamali
Takeaways and Conclusion
The drawing of lots as understood in Islamic tradition bifurcates into qur‘ah and maisir, each with distinct applications and moral standings. Qur‘ah is upheld as a fair mechanism in legal and societal decision-making, while maisir is forbidden due to its associated risks and morally corruptive nature. Understanding these differences is crucial in appreciating the nuanced approach Islam takes towards equity, justice, and ethical conduct.
By diving deeper into these terms and their implications, one can better understand Islamic legal principles and their relevance in both historical and contemporary contexts.
