A Jurisprudential-Legal Analysis of Encompassment of Liquor’s Penalty upon Consuming of Psychedelics on Islamic Criminal Law

Unwillingness caused by consumption of liquor is a harmful state that has forced Iran’s criminal system and many of other criminal systems to reaction and legislation over control and prevention of that state. Iran’s legislator recently has altered words and terms of the last regulations and legislated a controversial regulation (Article 264 of Islamic criminal law) and excited a fairly wide disagreement about encompassment of penalty of liquor consumption upon consumption of psychedelics and psychedelic tablets like met amphetamine, amphetamine, L.S.D and Ecstasy; In a way that some criminal courts choose penalty of Had and others choose discretionary punishment for unwillingness caused by willful consumption of psychedelics. This Article, with the descriptive-analytical method, has studied the matter and resulted that among two viewpoints, the viewpoint of opponents of encompassment of penalty of liquor consumption upon consumption of psychedelics is more justifiable and more correct than the adherents viewpoint, because the first conforms with jurisprudence foundations and the rule of “Ehtiat in Hodud” and jurisprudential rules and penal policy of Islam’s legislator in “Hodud” and because of its enjoyment from the support of famous jurisprudential views and majority of jurists; Article 264 of Islamic criminal law, therefore, should be elucidated on basis of the viewpoint of opponents.