| Citation(s) |
|---|
| 1992 SLG 346 1992 SLD 346 1992 PLD 153 |
Supreme Court of Pakistan
Shariat Appeal No.9 of 1989, heard on 19-02-1991. a
JUSTICE NASIM HASAN SHAH, CHAIRMAN, AND, JUSTICES SHAFTUR RAHMAN, ABDUL QADEER CHAUDHRY, PIR MUHAMMAD KARAM SHAH AND MAULANA MUHAMMAD TAQI USMANI, MEMBERS
Hartz SA. Rehman, Advocate Supreme Court, Mumtaz Ahmad Mirza, Advocate Supreme Court and Ch. Akhtar AIL Advocate-on-Record for Appellant. Nemo. K.G. Sabir, Advocate Supreme Court and Zafar Awan,- Advocate Supreme Court for Public.
Shariat Appeal No.9 of 1989, heard on 19-02-1991. a
JUSTICE NASIM HASAN SHAH, CHAIRMAN, AND, JUSTICES SHAFTUR RAHMAN, ABDUL QADEER CHAUDHRY, PIR MUHAMMAD KARAM SHAH AND MAULANA MUHAMMAD TAQI USMANI, MEMBERS
Hartz SA. Rehman, Advocate Supreme Court, Mumtaz Ahmad Mirza, Advocate Supreme Court and Ch. Akhtar AIL Advocate-on-Record for Appellant. Nemo. K.G. Sabir, Advocate Supreme Court and Zafar Awan,- Advocate Supreme Court for Public.
FEDERATION OF PAKISTAN through Secretary, Ministry of Finance, Islamabad---Appellant
VS
Shaikh MUSHTAQ ALI, ADVOCATE---Respondent
Law:
Section:
(a) Penal Code (XLV of 1860)------S. 294-A---Constitution of Pakistan (1973), Arts. 203-D and 203-F--Repugnancy to Injunctions of Islam---"Lottery"---Definition---Lottery of a particular description is hit by Injunctions of Islam---Categories of Lotteries which are not prohibited by Injunctions of Islam outlined. In dictionary a lottery is defined to be a "distribution of prizes by lot or chance". This .dictionary definition of lottery has come to acquire a legal' meaning for the purposes of section 294-A of the Pakistan Penal Code. Section 294-A of the Pakistan Penal Code prohibits lottery except where it is operated or conducted as a State Lottery or is authorised by Provincial Government. Lottery of a particular description is hit by injunctions of Islam is undisputed. There is yet a category of Lotteries which are not prohibited by Injunctions of Islam. A definition of Lottery which is sought to be prohobited in the context of Islamic injunctions is, therefore, called for, so as to leave others outside the purview of prohibition and to distinguish them. There can be a number of instances where decision by drawing of lots may be permissible in the modern context as was earlier. No exhaustive list can be provided but where a contentious matter is required to be decided and there are no vested rights involved or statutory rules available, for determining eligibility and priority, such a recourse to lottery may be permissible. However, where vested rights are involved, where guidelines for the exercise of public power are readily ascertainable or where some form of property is put at risk, lottery cannot be and is not an approved system according to the injunctions of Islam as a mode of decision. Chap. 37 V. 139 to 141; Chap. 3 V. 44; Chapter 68 V. 48 to 50 arid Taylor v. Smetten (1883) 11 QBD 207 ref. (b) Words and phrases-- ---=Lottery"---Definition of. (c) Penal Code (XLV of 1860)--- ----S. 294-B---Constitution of Pakistan (1973), Art. 203-B(c)---National Prize Bonds Scheme ---Repugnaney to Injunctions of Islam---Matter happened to be the outside the jurisdiction of the Federal Shariat Court at the time when the same was examined by that Court---Findings…
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