The Drinking Alcohol in Islamic Criminal Law: an Analysis About its Scope of the Criminal

Abstract

Mind protection one of main principles of Islamic Jurisprudence. Therefore the things that damaging to the mind is prohibited. Intoxicating drinks is also situated in this context. Since the early periods of humanity, people have found a number of foods and drinks which will get drunk themselves. Many religions have put various prohibitions to prevent them. Islam has also put a ban on all of them. There is no dispute between sects in Islam about the wine is forbidden by God. Notwithstanding, there are different opinions about type and amount of punishment (hadd or Ta'zir) will be applied the drinkers which drink wine and alcoholic drinks other than wine. Some sects defends the penalty will be applied to the wine drinker is completely hadd punishment. the others opinion is that half the punishment is hadd and the other half of the punishment is ta'zir. Latterly there is a different opinion from tradition on this issue. Some scholars in the modern era think all of the punishment of wine is ta'zir.