Jurisprudential research on the criminalization of intoxication

The Islamic Penal Code includes the definition and explanation of crimes and their reprimands. Hadd, Ghesas (Retribution), Dieh and ta'zir are parts of this law. Regarding the Hadd reprimand, legislator in article 264 of Islamic Penal Code stipulates as follow: ((The consumption of intoxicants such as eating, injecting and smoking with  low or high value, solid or liquid, intoxicating or not, pure or mixed in such a way that it does not exclude the person from being intoxicating, causes a Hadd reprimand. In the holy Shari'a of Islam the limits of Hadd reprimand is determined, and the crime that caused it has been specified precisely and clearly. In the penal laws of the Islamic Republic of Iran and especially in the field of the Hadd reprimand, the legislator criminalizes the acts subject to Hadd, and explains its related reprimand according to the Shari'a rulings and also according to the opinions of the senior jurists. The purpose of this study is to answer the question whether Article 264 of the Islamic Penal Code is fully consistent with the religious teachings and views of senior jurists? And also are the injections, smoking and other forms of intoxicants subject to Hadd from the point of view of jurisprudential rulings? To obtain this answer, the fatwas of the senior jurists and the principles of the rule of this legal article were investigated. From the point of view of the senior jurists, “drinking” and “eating” of intoxicants are two examples in which If verified, the cause of these crimes capable of the Hadd reprimands, while only "drinking" is intoxicant that leads to the reprimands of had according to the narrations in this regard. Therefore, "eating" and "drinking" are definite examples of intoxicants that cause had reprimands, although according to Islamic criminal law, the judiciary can impose a Ta'zir reprimands on other examples of intoxicants for the benefit of society.