Master's degree in Criminal Law and Criminology, Faculty of Theology and Islamic Studies, Meybod, Yazd, Iran.
Abstract
The prohibition of alcohol in religious texts refers to the nature of "intoxicant" and its harmful effects on reason and social order, and is not dependent on the religion or nationality of the subject. Therefore, if the scope of the ruling is to preserve reason, individual health, and protect public order, this criterion will not be specific to a specific group. In addition, alcohol consumption is also known from the perspective of medical and psychological sciences as a harmful factor for the body, mind, and social relations, and these effects are equally directed at all humans. Therefore, the difference in the legislative treatment of Muslims and non-Muslims is defensible if an independent and reliable basis can be provided for it; otherwise, it will conflict with the principle of equality before the law and the rule of non-harm, as well as with the application of the evidence of prohibition. The present study, using a descriptive-analytical method, while accurately explaining the concept of non-Muslims drinking alcohol and examining the jurisprudential evidence related to its prohibition, has analyzed the criterion of the ruling and its scope. The findings show that the jurisprudential evidence of prohibition refers to the nature of intoxicants and their effects and is not exclusive; scientific data also emphasize the harmfulness of alcohol consumption, regardless of Sharia law and nationality. Accordingly, there is no conflict between the jurisprudential and scientific approaches to the principle of abomination and the prohibition of drinking alcohol, and its prohibition has a coherent basis. As a result, the distinction stipulated in Article 266 of the Islamic Penal Code and its note, which establishes a distinction between Muslims and non-Muslims in this ruling, is not sufficiently documented from the perspective of Sharia principles and scientific findings and is open to dispute.
Shafiei Simki,A. (2025). A study of alcohol consumption by non-Muslims in Iranian criminal law; With emphasis on Article 266 of the Islamic Penal Code.. Applied Research in Jurisprudence and Law, 5(2), 147-168.
MLA
Shafiei Simki,A. . "A study of alcohol consumption by non-Muslims in Iranian criminal law; With emphasis on Article 266 of the Islamic Penal Code.", Applied Research in Jurisprudence and Law, 5, 2, 2025, 147-168.
HARVARD
Shafiei Simki A. (2025). 'A study of alcohol consumption by non-Muslims in Iranian criminal law; With emphasis on Article 266 of the Islamic Penal Code.', Applied Research in Jurisprudence and Law, 5(2), pp. 147-168.
CHICAGO
A. Shafiei Simki, "A study of alcohol consumption by non-Muslims in Iranian criminal law; With emphasis on Article 266 of the Islamic Penal Code.," Applied Research in Jurisprudence and Law, 5 2 (2025): 147-168,
VANCOUVER
Shafiei Simki A. A study of alcohol consumption by non-Muslims in Iranian criminal law; With emphasis on Article 266 of the Islamic Penal Code.. Applied Research in Jurisprudence and Law, 2025; 5(2): 147-168.