The Role of Presumption in Affirmation of Punishment for Inebriety

Abstract

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.