The Position of the Biological Indications in Proving the Prescribed Punishment of Consuming Intoxicating Materials in the Jurisprudence of Islamic Schools and the Sharia-Based Legal Systems

Some legal systems of Islamic countries have prescribed Hadd for consuming intoxicants according to Islamic jurisprudence. Due to the limitations of the Evidences for proving Hodoud in this article, an attempt has been made to study the different approaches between the Islamic schools and the legal systems of countries based on jurisprudence regarding the evidentiary value of the biological Indications in this crime. The present study, with a comparative approach, considering the criminal regulations and judicial procedure of these countries and their jurisprudential principles, seeks to examine the position of the biological Indications in proving the intoxication consumption, an issue that is also controversial in the legal system of our country.

The present study is a qualitative research with a comparative approach that is applied in terms of purpose and library-based in terms of data collection tools. This research has been done in a descriptive-analytical manner by considering the criminal regulations and judicial procedure of these countries and their jurisprudential principles.

Throughout the paper, adherence to the principles of honesty and fidelity in the use of other sources were observed.

There is no consensus on the validity of the biological Indications in proving the extent of intoxication consumption among the penal systems of Islamic countries due to the different views of the jurisprudential schools. In some systems, ntoxicant consumption is proven only by confession and testimony and biological emirates are not valid. On the other hand, some systems have accepted the proof of this crime with Indications, although there has been disagreement about the scope of valid Indications, some have not set any limits in this regard and some have confirmed the validity of specific Indications.

The research shows that the theory of the legitimacy of invoking the biological Indications in proving the prescribed punishment of consuming intoxicants has stronger Basics than other theories. However, the Indications must convincingly prove the accused's use of intoxicants; In addition, although there is no need for Indications such as testimony to prove the absence of barriers to criminal liability arising from probabilities contrary to appearance, such as ignorance and reluctance, if such barriers are likely to exist, the accused must be acquitted and cannot be sentenced to the prescribed punishment by applying the principle.Please cite this article as:Akrami R. The Position of the Biological Indications in Proving the Prescribed Punishment of Consuming Intoxicating Materials in the Jurisprudence of Islamic Schools and the Sharia-Based Legal Systems. Medical Law Journal. 2022; 16(57): e13.