خلاصة:
One of the crimes that is common among Islamic jurists is drinking alcohol, and the explicit text of the Qur'an indicates this ruling, but the issue that is always disputed among general and special jurists is what the examples of drinking alcohol are and what causes the Hadd is committed? Among the types of intoxicants, which cases cause drinking alcohol? According to the new materials that destroy the wisdom, what is the criterion for distinguishing intoxicants from the point of view of customs? Does the method of use also have an effect on the implementation or non-implementation of the Hadd? Is it customary to commit this crime only through drinking, or does the use of other means also prove this extent? Considering that the new Islamic Penal Code adopted in 1392 in Article 264 introduces new examples of the method of use such as smoking and injection; and being silent on the other hand, about the examples of intoxication, jurisprudential and legal study of the role of custom in identifying examples and methods of intoxication is essential. The conclusion of the research is that; firstly, there is no difference between solid and liquid intoxicants, and secondly, the use of artificial intoxicants causes a limit whether it causes intoxication or not. And third, in unconventional ways of consuming intoxicants, custom is the basis
ملخص الجهاز:
In other words, in the Islamic Penal Code of 2013, the phrase "consumption of intoxicants" is used, which is a more general term compared to the phrase "eating intoxicants" in the previous law, and from a customary perspective, it includes any method of introducing an intoxicant into the body, two examples of which, namely injection and smoking, are stated in this article.
Intoxication is not defined in the Islamic Penal Code, and the legislator has not criminalized intoxication itself; rather, the consumption of an intoxicant according to Article 264 of the Islamic Penal Code—"including eating, injecting, or smoking it, whether it is a small or large amount, solid or liquid, causes intoxication or not, pure or mixed in a way that does not remove its intoxicating nature"—has been criminalized, such that if an individual consumes an intoxicating substance but does not become intoxicated, even if it is only a single drop, they are sentenced to the Hadd punishment.
The legislator states in Article 264 of the Islamic Penal Code of 2013: "The consumption of an intoxicant, including eating, injecting, or smoking it, whether it is a small or large amount, solid or liquid, causes intoxication or not, pure or mixed in a way that does not remove its intoxicating nature, necessitates Hadd".
For this reason, liquid intoxicants are called those intoxicants that result from the consumption (drinking, injection, and smoking) of intoxicating beverages; in other words, those that are created in a person as a result of consuming various types of fermented and distilled intoxicants, referred to as liquid based on the "liquid nature" of the beverage agent, in accordance with Article 264 of the Islamic Penal Code.
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