vol 16 no 1,2016

Evidence and its Role in Proving Psychotropic Substances Taking

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Evidence and its Role in Proving Psychotropic Substances Taking

Dr. Mariam Bent Eisa Bin Hamed Aleisa

Department of Islmaic Studies - Faculty of Sharia

University of Tabuk, Saudi Arabia

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Abstract:

The present paper deals with the issue of evidence and its role in proving the taking of psychotropic substances. The paper attempts to clarify the concept of evidence, its types as well as showing work according to it in the field of proof and explaining its conditions for those who defend it. In addition, the paper handles the concept of psychotropic substances, their types, and work resulting from acting according to them. It also tries to clarify the most important evidence which can be invoked to prove issues, in addition to presenting the ancient and modern kinds of evidence. Examples of modern evidence are blood analysis, urine analysis, and analysis of the hair and the presumption of exhaled air screening device. The paper also discusses the attitude of Islamic Share'a towards taking the psychotropic substances.

The paper shows that the evidence has become affirming of the validity of recognition, and of the validity of witness, and that the evidence has been a kind of clear matters, and working according to it is not absolute, but it is resorted to only in the absence of stronger evidence and in the case when the judge has no sufficient proofs or clues. It has also been indicated that according to Islamic Share 'a taking the psychotropic is a crime because it contains many of things which are religiously prohibited such as mind disorder which may lead to committing serious crimes as well as the fact that it prevents the person from performing acts of worship. It is also harmful on the physical, psychological and social levels. It has also been shown that contemporary medical evidence lies within what is regarded as an argument to prove the taking of psychotropic substances on the basis of evidence on the legality of evidence on a total basis, as well as on the basis of the statements of the jurists who allowed work according to evidence as a means of proof according to the mentioned terms which are meant to achieve justice and serenity among people. Finally, the paper has referred to the importance of evidence in exposing the real identity of the accused, especially for those who defend the issue of evidence and its legitimacy.

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