Drugs and their Provisions in Islamic Jurisprudence A Comparative Study With Positive Law

Dissertation

Student:  Haider Faeq Mahdi Oz

Supervised by:Prof. Dr. Maytham Hussein Al-Shafei
Assistant Professor Dr. Khader Jassim Haloub Al-Shammari

Major: Sharia and Islamic Sciences

Publish Date:2025

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Abstract


Praise be to God، the One deserving of praise and commendation…the One who bestows abundant gifts and bounties upon His servants، beginning with blessings before they are deserved، from the bounties of the earth and the blessings of the heavens. May blessings and peace be upon the Master of Messengers and Seal of the Prophets، our Master Muhammad، the pure and virtuous Prophet، and upon his pious and honorable family and companions، the possessors of virtue and loyalty، eternal peace until the Day of Judgment…
God Almighty has honored، glorified، and favored man over all other creatures with the gift of reason، enabling him to understand the religious obligations he is charged with، thus elevating him from darkness to light. Given this sublime status of reason and its role in distinguishing between good and evil، righteous and evil، God has commanded us to protect it from anything that would disrupt the tasks for which He created it.
One of the most dangerous reasons for the voluntary disabling of the mind is the use of drugs in all their types and forms، which is considered one of the most dangerous negative phenomena for Islamic society and must be confronted with all force. For this reason، this thesis came under the title (Drugs and their rulings in Islamic jurisprudence، a comparative study with positive law) to shed light on the phenomenon of drugs from a jurisprudential and legal perspective.
This study aims to clarify the legal rulings and their corresponding positive rulings related to drugs. We also outline the criminal penalties for drug offenses in Islamic jurisprudence and law. We also address the rulings on statements and actions under the influence of drugs and their legal and religious implications. We also examine acts of worship، transactions، and crimes committed under the influence of drugs in Islamic jurisprudence and law.
This is our final supplication: Praise be to God، Lord of the Worlds، and prayers and peace be upon the best of all creation، Muhammad، and his pure and good family.