A Comparative examination on effects of intoxicating drinks in removal of wisdom for responsibility

Hoseini, Seyed Mohammad; Amin Fard, Mohammad; Farshi, Hamid

A Comparative examination on effects of intoxicating drinks in removal of wisdom for responsibility

Document Type : Research Paper

Authors

Seyed Mohammad Hoseini

Mohammad Amin Fard

Hamid Farshi

Abstract

Paying attention to this point that there is a united view through drunken people which wane their wisdom and they are unthinkable so must include otherintoxicating material except alcohol such as drugs and ecstasy pills and etc. that have effects on responsibility as intoxicating drinks. From Imamiyah Jurisprudence these people as a civil responsible are tantamount of insane and their legal behaviors including selling, rent, Vaqf and etc. are not acceptable and are not effective and their confession is not acceptable. But common view of Ahlol Sonnah jurisprudence is legal behaviors of drunken person are acceptable. In the case of confession Imamiyah do not accept drunken confession. Ahlol Sonnah does not accept drunken confession in Hoqooq Allah but they accept it in Hoqoog al-Nas. In the case of Hodood removal of wisdom is not in the place of insane person and primary principals of Hodood will be for a person who while s/he is drunken commit that act, except when his/her drunken is not willful. In the case of Qesas there are three views: confirmation of Qesas for drunken person (a person who his/her drunken is willful), not confirmation meaning that s/he knows that if s/he become drunken would commit a crime then the Qesas is confirmed, and if s/he doesn’t notice to this point Qesas is not confirmed. The third view is more prefer.

Keywords

drunken

insane

Responsibility

willful and sin

Islamic sects