Abstract:
Chess has a history of at least two thousand years, during which its historical evolution has undergone many functional and essential transformations, and various types of it have emerged within different cultures. These transformations have a direct impact on the derivation of the jurisprudential ruling on chess. In this regard, one or more types of chess have been prohibited either in themselves or due to being an instrument of gambling; however, many types of chess were either not customary or had not yet been invented at the time the prohibition was issued. Extending the ruling of prohibition to these types of chess is accompanied by challenges. Paying attention to the difference between real and conventional phenomena, recognizing the degree of unity and multiplicity in phenomena, determining the governing logic in the subjects of Sharia rulings, and the dominance of nominalism or realism in the establishment and application of Sharia rulings are all influential in reaching the Sharia ruling for emerging types of chess or those that were uncommon at the time the narrations were issued. Of course, finding a general expression (itlaq) upon which the extension of prohibition can be based is not easy; since the narrations prohibiting chess were issued in a context where a specific type of chess was customary and well-known, and some of them were even narrated in response to questions about the ruling on chess. Due to the inability of the narrations to prove the prohibition of all types of chess, the way is opened for practical principles (usul al-amaliyya), and perhaps by adhering to the principle of Bara'ah (exemption), the permissibility of some types of chess can be concluded; although this conclusion does not conflict with the virtue of caution.
Machine summary:
Scientific-Research Semiannual Journal Fourth Year, Number 8, Autumn and Winter 2020 The Historical Evolution of Chess and its Impact on Jurisprudential Rulings 1 Mohammad Mahdi Kamali 2 Abstract Chess has a history of at least two thousand years, during which many functional and essential transformations have occurred in its historical evolution, and various types of it have emerged within different cultures.
Of course, there may be responses to the above objections; but considering what has been stated, the extension of the ruling of prohibition to other different types of chess is only possible in the following cases: A.
For example, regarding modern chess today, or what is known as "Mad Queen Chess" (chess with a powerful queen) which became common in the 15th century AD through changes in the movement of certain pieces and certain rules, if this chess is considered from a customary perspective to be the same as the chess of the past that was an instrument of gambling, the prohibition remains, unless it has ceased to be an instrument of gambling; but assuming it is considered a new game, the principle of it being an instrument of gambling from its inception in the 15th century until now is subject to doubt, so in the case of doubt, the principle of non-existence (asl al-adam) will be applied to it.
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