Journal of Islamic Studies > Volume 25, No. 3, 2013

Divorce in a State Drunkenness: Comparative Jurisprudence Study / Jaber Ismail Ahadjahjh

This research paper is concerned with the Islamic positions on the legality of divorce statements made by men in a state of
drunkenness. It follows descriptive and comparative approaches. The research has revealed a number of important results. A material is
defined as intoxicant if it results in the loss of mental awareness, regardless of source (e.g. plant, animal, etc.,, regardless of shape (e.g.
liquid, solid, powder, etc.,, regardless of how it is administered (e.g. orally, intravenously, etc., and regardless of contents. What matters is
the impact of the material on the mental state of the man inVol.ved. So, if the man is proven to be mentally unaware when issuing the divorce
statement, the statement is not valid. However, if he is proven to be mentally aware during it, the divorce statement is judged as valid,
especially as the condition of accountability as an adult is still there. As for recommendations, the research paper demands that further
investigations be carried out on the topic and the legal implications of varied intoxicants nowadays.