چکیده:
Despite the imposition of a maximum penalty for the crime of alcohol consumption and a strict penal policy for the crime, the two facts about alcohol cannot be easily overlooked. First; Available official and unofficial statistics show an increasing increase in alcohol consumption in society. Secondly; The formation of the underground economy and the subsequent spread of counterfeit beverages have caused severe physical injuries, including death and loss of organs, to consumers of this type of alcohol. Accordingly, the question of the leading research is whether the Islamic government has a duty to protect the health of citizens against harm caused by the consumption of counterfeit alcohol? If so, what are some solutions? The present study, based on some of the existing capacities in Jaʿfari jurisprudence, namely the rules of repelling More corrupt to Corrupt, the obligation to repel possible harm and the need to maintain the system of society, has concluded that protecting the physical life of citizens is the duty of the government and nothing It can not interfere with this task. Thus, without decriminalizing alcohol consumption, the government can provide citizens with alcohol health testing services to detect counterfeit to non-counterfeit alcohol in order to prevent its often irreparable consequences; Importantly, this does not in any way mean acknowledging the criminal behavior of alcoholics.
خلاصه ماشینی:
The Necessity of Action by the Islamic Government against the harms of counterfeit alcoholic beverages from the perspective of Imami Jurisprudence Hadi Gohari Bandpī Mohammad Hassan Maldar Abstract Despite the determination of a Hadd punishment for committing the crime of consuming intoxicants and the stringent criminal policy regarding the commission of this crime, one cannot simply overlook two realities regarding alcoholic beverages; first, existing official and unofficial statistics indicate a day-to-day increase in alcohol consumption in society.
This research, relying on some of the existing capacities in Imami jurisprudence, namely the rules of warding off the corrupt by the corrupt (daf' al-afsad bi al-fasid), the obligation to ward off probable harm, and the necessity of preserving the order of society, has reached the conclusion that safeguarding the life and physical health of citizens is the duty of the government, and no matter can conflict with this duty.
131 Given the necessity of the government's responsibility toward maintaining and sustaining the health of society members, which is also emphasized in Article 29 of the Constitution of the Islamic Republic of Iran 3, the present research, by investigating jurisprudential texts and rules, aims to answer this fundamental question by utilizing jurisprudential capacities in order to reduce the often irreparable and sometimes fatal harms of consuming counterfeit alcoholic beverages: which jurisprudential teachings support the duty of 1 1.
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