RaphaelINTRODUCTION
The Definition of the Arabic word “Al-Maisir” (Gambling)
Gambling and other terms such as gaming and ‘games-of-chance’ derive from the Anglo-Saxon ‘gamen’ and ‘gamon’ which mean sport or play. Generally, gambling denotes any decision executed in any transaction or pursuit involving risk and uncertainty.
Hence, gambling is to play a game of chance for money; or to take a risk for some advantage; or a risky venture. Risk and uncertainty are faced in gambling since the outcome of the decision taken is unknown even though a good outcome is always expected.
Therefore, it is said that politics, in fact, is ‘a big gamble’ since judgements passed in this area are always uncertain and risky.
The use of the word, refers more specifically to economic activity which is very concerned with the aspect of gain, loss, risk and uncertainty relating to the ‘game of chance’.
The word gambling was also given a perfect definition to mean the betting or staking of something of value, with consciousness of risk and hope of gain, on the outcome of a game, a contest, or an uncertain event, the result of which may be determined by chance or accident or has an unexpected result by reason of the bettor’s miscalculation.
It will be erroneous on the part of the writer not to give the historical background of gambling. Gambling or ‘games-of-chance’ are believed to be as old as the dawn of civilisation and have been used to facilitate decision making in law, military operations, ceremonies, liturgy and economics.
According to Paton, these matters were possibly decided by various methods of divination in primitive times to allow people to decisively discern their future. Hence, the primary objective was, initially, decision-making. However, to add some sporting zest, gambling became ‘secularised’ by risking some stake or possession on the turn of chance.
In ancient cultures, gambling had significant religious connotations attached to myth and ritual. As such, it was not regarded as ‘gambling’ in the sense of the word’s contemporary use. The casting of lots is said to have been purposely utilized to end disputes, to divide or distribute property or divine God’s Will.
What is the Islamic point of view to the word “Gambling” ?
This is a controversial question which has caused controversies among jurists and scholars of Islamic jurisprudence. However, this has been settled in the Qur’an and the Hadith of the noble prophet Muhammad (SAW) which will be succinctly discussed in the below paragraphs .
In the Qur’an, the word maysir which refers to gambling appears three times at three different places namely in verse 219 of chapter 2,
يَسۡـــَٔلُوۡنَكَ عَنِ الۡخَمۡرِ وَالۡمَيۡسِرِؕ قُلۡ فِيۡهِمَآ اِثۡمٌ کَبِيۡرٌ وَّمَنَافِعُ لِلنَّاسِ وَاِثۡمُهُمَآ اَکۡبَرُ مِنۡ نَّفۡعِهِمَا ؕ وَيَسۡـــَٔلُوۡنَكَ مَاذَا يُنْفِقُونَ قُلِ الۡعَفۡوَؕ كَذٰلِكَ يُبَيِّنُ اللّٰهُ لَـكُمُ الۡاٰيٰتِ لَعَلَّکُمۡ تَتَفَكَّرُوۡنَۙ.
“They ask thee concerning wine and gambling. Say: In them is great sin, and some profit, for men; but the sin is greater than the profit. They ask thee how much they are to spend; Say: What is beyond your needs. Thus doth Allah Make clear to you His Signs: In order that ye may consider.”
Verse 90 and 91 of chapter 5
يٰۤاَيُّهَا الَّذِيۡنَ اٰمَنُوۡۤا اِنَّمَا الۡخَمۡرُ وَالۡمَيۡسِرُ وَالۡاَنۡصَابُ وَالۡاَزۡلَامُ رِجۡسٌ مِّنۡ عَمَلِ الشَّيۡطٰنِ فَاجۡتَنِبُوۡهُ لَعَلَّكُمۡ تُفۡلِحُوۡن َ“O ye who believe! Intoxicants and gambling, (dedication of) stones, and (divination by) arrows, are an abomination,- of Satan’s handwork: eschew such (abomination), that ye may prosper.”
اِنَّمَا يُرِيۡدُ الشَّيۡطٰنُ اَنۡ يُّوۡقِعَ بَيۡنَكُمُ الۡعَدَاوَةَ وَالۡبَغۡضَآءَ فِى الۡخَمۡرِ وَالۡمَيۡسِرِ وَيَصُدَّكُمۡ عَنۡ ذِكۡرِ اللّٰهِ وَعَنِ الصَّلٰوةِ ۚ فَهَلۡ اَنۡـتُمۡ مُّنۡتَهُوۡنَ
“Satan’s plan is (but) to excite enmity and hatred between you, with intoxicants and gambling, and hinder you from the remembrance of Allah, and from prayer: will ye not then abstain?”
The prohibition of gambling in the Qur’an takes place in stages beginning with the verse 219 of chapter 2 followed by the verse 90 and 91 of chapter 5. When discussing the wisdom of the prohibition of gambling, a renown classical Quranic commentator al-Razi (1981) explains that among the consequences of maysir and qimar are, hostility, cursing and disagreement among the participants, harmful to economic growth besides distracting people from remembering Allah and performing prayers.
In the prophetic hadith, the words maysir and qimar or its derivatives appear only a few times. Besides the hadith which mention the words maysir or qimar specifically, there are also some hadith which mention the prohibition of certain activities that bear the elements of maysir or qimar.
In an hadith reported by Al-Bukhari and Muslim the Prophet once said “When told to you let us bet, then let it give charity”. In another work, Al-Bukhari also reported that the Prophet said “Look out for these two dice, as indeed, both are of non-Arab gambling”.
Another hadith collector al-Bayhaqi reported that the Prophet said “Indeed God has forbidden wine, gambling, kubah (a game that uses boards, fruit and dice, also known as tabo or nard) and every intoxicant is illegal.”
Societal and Religious Implications
It has been very clear that there is an essential element in gambling namely uncertainty or gharar as it is termed in Islamic law and this is the main problem with gambling in Islam.
Islam prohibits unnecessary risk-taking or uncertainty or gharar in any activities especially those which involve the taking possession of other’s property so that any potential disputes among the people and destructive element to the economy as a whole could be prevented from the beginning.
Nevertheless, business uncertainty or business risk are lawful and different from gharar, they are inevitable even in genuine business undertakings. One never knows the end result of the business undertaking which is either gain or loss.
This is part and parcel of business undertaking and to do business is to take risk and in order to gain one has to take risk. Therefore, Islam has no problem with that even there is a very important legal maxim in Islam which states that “gain comes with risk-taking”.
Exactly for this particular reason, Islam prohibits interest or usury in loan contract as Islam consider the lender does not take any risk from this undertaking as the borrower is obliged to pay back to the lender no matter what.
So, the lender, in this case, has no right to a profit. Based on this, it is clear that taking risk is not entirely forbidden in Islam. In fact, it is commendable when it comes to serious and beneficial business undertaking. Since uncertainty or gharar is the centre of gambling activities, many scholars see gharar and gambling are the same things.
For example, Ibn Taymiyyah and his disciple Ibn al-Qayyim were of the view that gambling is more general than gharar which accordingly means that not all gharar are gambling but all gambling are gharar.
This is because gharar only exist in business contracts when there is uncertainty in any aspect of the contract, whereas gambling can exist in any transaction when the intended result or the outcome of the transaction is uncertain such as in competition.
Based on this view there is a conclusion that gambling involves in both business contracts and also in non-business transaction. If it involves in business contracts it is called gharar but if it is in a non business transaction than it is called gambling. Although uncertainty or gharar is equally prohibited in Islam it is nevertheless not the same as gambling.
Nevertheless, a contemporary scholar of Islamic law of business, Al-Darir views betting and gambling is more specific than gharar. Betting and gambling certainly involves gharar but not all business contract involving elements of gharar can be referred to as betting or gambling. For example, if there are uncertainties in certain aspects of the sale contract, then this sale contract is a gharar contract but it is certainly not a gambling or betting.
Therefore it is wrong to refer to any business contract which involve certain elements of gharar as gambling or betting unless if it includes some features of gambling or betting.
CONCLUSION
To preserve the well-being of individuals and society as a whole, Islam places great emphasis on personal responsibility and self-discipline. Prohibiting gambling helps promote virtues like self-restraint, fairness, and social cohesion.
Muslims are encouraged to seek lawful means of earning a living, engage in productive activities, and uphold moral values in their daily lives.
Other Publications by the writer.
* A.O TOHEEB (2022) AN APPRAISAL ON THE RIGHT OF PRISONERS VIS-A-VIS PARTICIPATION IN AN ELECTION.
* A.O TOHEEB (2022) AN OVERVIEW OF SPORT LAW IN NIGERIA.
* A.O TOHEEB (2023) THE LEGAL RIGHTS OR POWERS OF THE CENTRAL BANK OF NIGERIA TO RE-DESIGN THE NATIONAL CURRENCY.
* A.O TOHEEB (2023) THE 2023 GENERAL ELECTION: WAY FORWARD.
* A.O TOHEEB (2023) THE EXPECTATIONS OF NIGERIAN YOUTHS FROM PRESIDENT BOLA AHMED TINUBU: A PATH TOWARDS TRANSFORMATION AND EMPOWERMENT.
* A.O TOHEEB (2023) NEW TECHNOLOGY FOR GREENER SHIPPING.
* A.O TOHEEB & S.A ASHIMI (2023) LEGAL FRAMEWORK OF PEOPLE LIVING WITH DISABILITIES IN NIGERIA.
* A. O TOHEEB (2024) Unraveling the Islamic Viewpoint on Gambling and Its Deep Rooted Societal and Religious Implications.
About the Author
Toheeb Abdulsamod Obasanjo is a third year law student of the University of Ilorin, Kwara State, Nigeria. He is a University Scholar, Justice of the Student Union Court and a recipient of many awards. He is interested in advocacy, academic writing, legal writing/history, activism.
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