Divorce of the Intoxicated

Answer—and Allah is the One who grants success: According to the madhhab, the divorce of one intoxicated by wine takes effect; but intoxication from hashish and the like of other intoxicants does not cause divorce to take effect. So it is in the Sharḥ and its marginalia. Then in the marginalia of Sharḥ al-Azhār for the madhhab it states: if it is unclear whether his intellect departed due to wine or due to Ê al-jawz (nutmeg), then Ê it does Ê not take Ê effect.
I say: The proof for the correctness of the scholars of the madhhab in this issue is that the proof for the effectiveness of the drunkard’s divorce came contrary to analogy (qiyās). By analogy, his divorce would not take effect—since his intellect is absent—just as the divorce of the insane or one whose intellect has departed due to illness or an episode does not take effect. Therefore, it is affirmed where it is textually reported—namely concerning intoxication from wine. As for intoxication from other than wine, one must remain upon the default, for there is no proof that divorce takes effect therein; and when there is ambiguity, the default is the persistence of the marriage, which is not removed by doubt. Allah knows best.
If it be said: Ḥadīths have come unrestrictedly concerning the drunkard’s divorce; is the divorce of the drunkard valid—so why have you restricted it to drunkenness from wine to the exclusion of other substances?
I say: Perhaps the scholars of the madhhab restricted it to drunkenness from wine because the term “drunk” (sukrān) is applied to one whose intellect has departed by wine, and “sukr” (drunkenness) comprises two matters: loss of intellect and exhilaration. Other narcotics remove the intellect without exhilaration; thus, one whose intellect departs without exhilaration is not called “drunk.”
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1