Thematics of Fuqā‘ (Beer) and the Possibility of Applying it to Newly-Emerged Instances (Jurisprudential Foundations of the Note to Article 264 of the Islamic Civil Code)

There are three areas of difference in opinion with regards to explaining the issue of fuqā‘: 1. The primary material. 2. Intoxicating nature. 3. Boiling. Since drinks such as beer, non-alcoholic beer, and malt drinks are on sale in the market nowadays, all of which could potentially be considered as fuqā‘, and there is no coherent research which has been done on this topic, it seems necessary to write an article in this regard. In this article, which was written using a descriptive-analytical method and library data, after analyzing the documents, it was concluded that the concept of fuqā‘ was not the same in different time periods and places. Rather, that which is forbidden in the religious texts is drinking "an intoxicating liquid made from barley" with the condition of that liquid boiling during the process of alcohol production. Therefore, non-alcoholic beer and malt drinks are not instances of fuqā‘.