WE often see advertisements of businesses and organisations, offering attractive prizes through drawing of lots on purchase of some items. Many people buy these things in the hope of winning some prize. Lottery draws seldom take place. Only very rarely the results of such draws are published, if at all. Overall, it is a fraud, with the people losing billions of rupees every year on purchases that they do not really need.

Before the 1990s the government would occasionally issue a warning against this illegal practice and it would stop, but only temporarily. Then the inaction of the government on a court judgment created a limbo, allowing the allure of draws without any fear of legal action. Now it is common practice.

The Shariat Appellate Bench of the Supreme Court observed that Section 294-B of the Pakistan Penal Code was repugnant to Islam and necessary steps be taken by June 30, 1992, to give effect to its decision, failing which the said provision would cease to have effect.

The government has not taken any action even after 20 years. As a result, tens of millions of people are defrauded every year by false promises of prizes.

The Federal Shariat Court, accepting a petition filed under Article 203-D of the Constitution, held that both Sections A and B needed to be suitably amended in the light of the discussion in its judgment to conform to injunctions of Islam. The court desired that the president should take steps to amend both sections on or before Dec 1, 1989. If the amendment was not made, section 294-B would cease to have effect.

Since the government did not take the required action, both Section 294 A and B have ceased to exist. Now there is no law to prohibit lotteries.

If every buyer is given a prize with every purchase, there will be no risk. So, that may be allowed. The problem arises when draws come in, with risk of loss. The government should ban all schemes that offer a prize on a lucky draw.

M. Abd al-Hameed

Lahore