Intoxication and It's Effect on the Intoxicated's Conducts Rules in Islamic Jurisprudence

Subject Areas : All jurisprudential issues

Jalal  Alavi ¹ (M.A. Student of Tehran University, Course of Theology & Islamic Sciences Tehran, Iran)
Naser  Marivani ² (Assistant Prof of Islamic Azad University, Sciences and Research Branch, Department of Jurisprudence of Shafeiʹ, Tehran, Iran.)

Received: 2014-10-15 Accepted : 2014-10-15 Published : 2012-03-20

Keywords: prohibition, Permenant prohibition, Marriage&#x0D, &#x0D, impediments, Imamieh Fegh, Iranian law, Egyptian law,

Abstract :

In Islamic jurisprudence giving obligation to drunkens acts andcorrectness of wordly and deedly acts and it's athari waz`y this acts,is an arguable subject between usulin and jurists. While usulian tolean on principals such as understanding abilities of duties fromrequired; and by comparison of asleep, neglegant and mad, agreewith not giving obligation to drunk acts and especially according tokhitab al-waz` view, by analysis problem to causation, intoxicatedshould be responsible for the results of their deeds and wards.Majority of jurists by refereeing to rules such as" al-aimtnae` bilakhtyarla yanafai al-akhtyar" related to delibratly drunk, say thatintoxication cann't be an abstacle to giving obligation and drunk andsober are equal in giving obligation. Deliberated drunk is someonewho without having one of the legal excuses such as reluctance,necessity, ignorance; deliberately drink with awareness.From the view point of majority jurists, such person for havingfreewill and awareness in becoming intoxication and also forcommitting legal prohibition, would be recompand to punishmentand results of his/her acts. Opposed to, undelibrated drunk whohis/her intoxication is allowable and it is legal excuses. Such person People healthy and their lineage pure and original. In this case,Iranian and Egyptian legislators by counting some of the instancesof permenant prohibition of marriage in law text, have beenemphasized on it.