Public Intoxication

Section 19.      Public Intoxication 

1. The Muslim or Non-Muslim adult who is, intentionally, knowingly or recklessly publicly intoxicated is guilty of an offense punishable by fine not less than… and not exceeding … and/ or imprisonment for a term not less than ….and not exceeding ….
2. Public intoxication is a state that renders a person unaware of, or incapable of consciously controlling, their behavior.

Explanatory Notes

For section 18 (2) see 10 Ibn Qudamah, Al-Mughni wa al-Sharh al-Kabir at 335.  The mental element required for conviction under section 19 is that the actor is aware of or suspects that consuming a substance may have an intoxicant effect and the actor is aware of or at risk of being intoxicated publicly after consuming the intoxicant.  Public intoxication for the adult Muslim renders the offender liable under section 17 “Muslim consumption of intoxicant” and section 19 “Public Intoxication”.