قتل در حال مستي؛ جرم در حال مستي

Committing of Homicide While Intoxication, Committing of Crime While Intoxication

Although some Islamic jurists do not regard intoxication as a defense to murder, Islamic Criminal Act, according to some Islamic jurists, provides that homicide while intoxication does not involve retaliation (qisas) if (1) the drunk was in a state of automatism and (2) he did not make himself drunk in order to commit murder. While the Legislator has been subtle in reflecting this religious rule in some cases, but the Legislator was not precise in other cases including commission of crimes less serious than homicide and other crimes (Hodud and Taʹzirat) while intoxication. Consequently the Legislator could not provide a comprehensive act fully consistent with Sharia (Islamic law).