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ALCOHOL ABUSE BETWEEN THE LIMITATIONS OF CRIMINAL LAW AND THE WISDOM OF ISLAMIC LAW | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 9, Volume 9, issue 32 part 2, 2020, Pages 237-317 PDF (753.14 K) | ||
| Authors | ||
| Hashem.M. Ahmed Al-Juhaishi; Anas .M. Khalaf Al-Jubouri | ||
| Abstract | ||
| Scrutinizing the crimes classified by Islamic penal legislator within al-hudod, which are the highest-punished crimes in Sharia, indicates that it had embarked in order to safeguard the essential interests which no society anytime can live only by protecting and defending those interests. Notably, human mind protection is the right spinning within all rights, and its protection is inevitable and necessary. However, protecting such interests is often violated as a result of the absence of the conscious mind to individuals and society, why not since the mind is the great blessing and privilege that separates humans and other creatures. This will only be by revisiting the philosophy that adopted by the Iraqi criminal policy, which ignored this social epidemic and its escorting destruction. Subsequently, it is imperative to adopt new criminal policy based on the philosophy of outlawing alcohol and equivalents of intoxicants ultimately. Also, the deterrent penalties of taking alcohol must apply, and it is recommended for the Iraqi criminal legislator and other Arab legislators to follow the footsteps of Islamic criminal legislator. | ||
| Keywords | ||
| ALCOHOL ABUSE; LIMITATIONS OF CRIMINAL LAW; WISDOM OF ISLAMIC LAW | ||
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