Any alcohol consumption including alcoholic drinks is formally prohibited by Islam. However any act made by the drunk during his drunkenness is valid and should not be considered as void.
Due to this general prohibition regarding the alcohol or any of its derivative, the big majority of the « Fuquha’a » estimate that the validity of the drunk acts shall be maintained as a punishment of his behavior, hence, deciding that the acts made by the drunk during his drunkenness do not engage him, will let him using from his mistake and fault as an apology for his acts .
There is obviously a sad confusion between the law and the moral. According strictly to the legal principles, the drunk is unconscious during the period of his inebriation which shall mean logically that any act made during this drunkenness is void accordingly.
Or the drunkeness depends on the drunk himself, because any person drinking alcohol knows that any excess in alcohol will make him drunk.
Consequently, deciding to annul any act made by the drunk during his inebriation seems sometimes complicated, because the drunkeness is in principle temporary, therefore the proof of the drunkeness will seem difficult to provide once the rate of alcohol in the person’s blood becomes within acceptable/natural limits.
No comments:
Post a Comment