The Role of Presumption in Affirmation of Punishment for Inebriety
Given the tragedies and absurdities caused by inebriety, different strategies are laid by different legal frameworks to enforce rules intended to curb its negative repercussions. There is a need for approaches to affirm drunkenness. Among these approaches is using presumptions to prove or disapprov...
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| Format: | Article |
| Language: | Arabic |
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Ibn Haldun University
2023-07-01
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| Series: | İbn Haldun Çalışmaları Dergisi |
| Subjects: | |
| Online Access: | https://176.88.34.200/index.php/ihu1/article/view/156 |
| _version_ | 1827903176136720384 |
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| author | Jibril Swalleh Mawejje |
| author_facet | Jibril Swalleh Mawejje |
| author_sort | Jibril Swalleh Mawejje |
| collection | DOAJ |
| description |
Given the tragedies and absurdities caused by inebriety, different strategies are laid by different legal frameworks to enforce rules intended to curb its negative repercussions. There is a need for approaches to affirm drunkenness. Among these approaches is using presumptions to prove or disapprove of inebriety. Therefore, this paper's relevancy lies in postulating the roles of presumptions in affirming the crime of inebriety and its respective prescribed punishment in the Islamic criminal courts. By scanning various Islamic jurisprudence literature and previous academic articles concerning presumption in Islamic law and critical analysis of them, this paper was put together to target a specific aspect of presumption effect in Islamic criminal law: inebriety. The paper illustrated that even though Presumptions may not yield irrepealable proof, they might have legal implications in the Islamic courts of law.
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| first_indexed | 2024-03-13T00:09:17Z |
| format | Article |
| id | doaj.art-05afc47aeef849e38cd198aed6fb3a68 |
| institution | Directory Open Access Journal |
| issn | 2651-379X |
| language | Arabic |
| last_indexed | 2024-03-13T00:09:17Z |
| publishDate | 2023-07-01 |
| publisher | Ibn Haldun University |
| record_format | Article |
| series | İbn Haldun Çalışmaları Dergisi |
| spelling | doaj.art-05afc47aeef849e38cd198aed6fb3a682023-07-12T13:52:55ZaraIbn Haldun Universityİbn Haldun Çalışmaları Dergisi2651-379X2023-07-0182The Role of Presumption in Affirmation of Punishment for InebrietyJibril Swalleh Mawejje0Ibn Haldun University Given the tragedies and absurdities caused by inebriety, different strategies are laid by different legal frameworks to enforce rules intended to curb its negative repercussions. There is a need for approaches to affirm drunkenness. Among these approaches is using presumptions to prove or disapprove of inebriety. Therefore, this paper's relevancy lies in postulating the roles of presumptions in affirming the crime of inebriety and its respective prescribed punishment in the Islamic criminal courts. By scanning various Islamic jurisprudence literature and previous academic articles concerning presumption in Islamic law and critical analysis of them, this paper was put together to target a specific aspect of presumption effect in Islamic criminal law: inebriety. The paper illustrated that even though Presumptions may not yield irrepealable proof, they might have legal implications in the Islamic courts of law. https://176.88.34.200/index.php/ihu1/article/view/156Islamic criminal courtRole of PresumptionsThe Crime of Inebriety |
| spellingShingle | Jibril Swalleh Mawejje The Role of Presumption in Affirmation of Punishment for Inebriety İbn Haldun Çalışmaları Dergisi Islamic criminal court Role of Presumptions The Crime of Inebriety |
| title | The Role of Presumption in Affirmation of Punishment for Inebriety |
| title_full | The Role of Presumption in Affirmation of Punishment for Inebriety |
| title_fullStr | The Role of Presumption in Affirmation of Punishment for Inebriety |
| title_full_unstemmed | The Role of Presumption in Affirmation of Punishment for Inebriety |
| title_short | The Role of Presumption in Affirmation of Punishment for Inebriety |
| title_sort | role of presumption in affirmation of punishment for inebriety |
| topic | Islamic criminal court Role of Presumptions The Crime of Inebriety |
| url | https://176.88.34.200/index.php/ihu1/article/view/156 |
| work_keys_str_mv | AT jibrilswallehmawejje theroleofpresumptioninaffirmationofpunishmentforinebriety AT jibrilswallehmawejje roleofpresumptioninaffirmationofpunishmentforinebriety |