Alcohol drinking under emergency causes criminalization, from the perspective of the Sects jurisprudence the Islamic Penal Code

Abstract

Emergence is, inter alia, a secondary title and a reputable jurisprudential norm used in different areas of jurisprudence and laws. A case considered as an implication emergence is alcohol drinking to eliminate thirst and to treat. There are differences among Imamieh and Sunni jurists on permission or lack of permission for emergence alcohol drinking. Among criminal laws, only article 152 of Islamic law has addressed such emergence. Which jurisprudential attitude toward permission or lack of permission on emergence alcohol drinking enjoy needed strength and can emergence alcohol drinking being criminalized? In present study, by using descriptive – analytical method and a comparative approach, it is initially attempted to reread and analyze Imamieh and Sunni jurists’ views on emergence alcohol drinking and then to compare them with Islamic Punishment Code. Ultimately, based on Holy Quran and Narratives’ general arguments and considering the fact that emergence is a secondary title, it is concluded that if someone drinks alcohol in emergency, one cannot legally consider any penal punishment for him/her. The indication of this statement, is article 152 of Islamic Punishment Code