Jurisprudential Rules about Narcotics Emphasizing on Drug Trafficking

Subject Areas : فقه و مبانی حقوق

Mohammad Reza Momeni ¹ (Ph.D., Student, Department of Jurisprudence and Fundamentals of Islamic Law, Qom Branch, Islamic Azad University, Qom, Iran)
Ahmad Moradkhani ² (Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Qom Branch, Islamic Azad University, Qom, Iran)

Received: 2021-07-18 Accepted : 2022-02-23 Published : 2022-12-22

Keywords: Situational Rules, Jurisprudential rules, Obligation Rule, Drug trafficking,

Abstract :

The purpose of the present study is to review jurisprudential rules about narcotics with an emphasis on drug trafficking. In this regard, using a descriptive-analytic method, the article deals with the definition of narcotics and why its consumption is banned in jurisprudence. Besides, obligation and situational rules in this term with respect to the verses and traditions as well as rational and jurisprudential principles are discussed. This research is approved with respect to rational and narrative reasons as well as jurisprudential principles such as lā-Zerār, illegitimacy of production, consumption, and smuggling of narcotics and also nullifies consumption of the obtained money. The major cause for the illegitimacy of narcotics derives from jurisprudential principles such as lā-Zerār although its foundation is different among the jurists. The criticisms and arguments mentioned by some jurists about the above reasons do not damage the principle of proving illegitimacy and order of situational rules.