أحكام القضاء بالقرعة في الفقه الإسلامي

Abstract EN

This research aimed to study the authority of the lottery from the jurisprudential perspective, and dealt with the definition of the lottery linguistically and idiomatically, and the statement of its authority and legitimacy from the Qur'an, the Sunnah, consensus and the work of the Companions, and the areas of difference in the work by lot, how the lottery, and the places in which the judiciary is prescribed by lot, with the presentation of the jurisprudential schools in the issues under study And the weighting between them based on the strength of its evidence, and the research relied on the analytical method with the comparative method, and the most important results were that the lottery is fixed in the book, the Sunnah, consensus and the actions of the companions, it is one of the ways of justice in Islamic law.

And that the lottery is a way to achieve justice among people, and to purify society from hatred, resentment, injustice and inclination.

And that the Hanafis violated the majority of the authoritative lottery in divorce, manumission and marriage.

And that the tap proves the lottery in what may be consensual without a lottery.

that there is a contradiction in the Hanafi opinion of the lottery; Where they say once that it is gambling and gambling, and once that it is legal.

And once they say that it is contrary to the Qur'an and the rules of Sharia.

And that the lottery has several modalities, all of which are permissible, except for those that contain a prohibited matter.

Judgment is prescribed by lot in many places, exceeding twenty places.