Alcoholic Beverages

Alcoholic Beverages: Legal Punishment and Detrimental Effects

Dr. 'Ali ibn Raashid ad-Dubayyaan1

1

Dr. 'Ali ibn Raashid ad-Dubayyan occupies the post of judge in the Saudi Ministry of Justice and is editor-in-chief of Al-Adl journal.

Alcoholic Beverages: Legal Punishment and Detrimental Effects

All praise belongs to Allah alone, and may Allah's peace and blessings be upon him after whom there is no other prophet. Indeed, one of the scourges of the present time which has afflicted and spread to numerous parts of the world is the widespread consumption of intoxicants and the great skill and different techniques employed in producing and marketing them so much so that a large number of economies and businesses have been set up with a view to exporting and marketing this 'pandemic' in the four corners of the world. Notwithstanding the fact that the wise among world leaders, scholars, doctors, researchers and counsellors have clearly delineated the detrimental effects of these 'poisons' on the religious, social, economic and health levels, people have regrettably demonstrated a steady increase in addiction to them without taking heed of their injurious effects or thinking about their serious consequences. In fact, a quick look at the evil effects intoxicants are bound to bring upon those addicted to them will reveal the wisdom behind Islam's strict prohibition of consuming all forms of intoxicants altogether, its institution of a severe punishment for those who consume them and its warning against the serious consequences of this 'deadly poison' in this life and in the hereafter. In the present paper, we shall look at this issue in the light of the following points: 1. Alcohol and the wisdom behind its prohibition 2. Legal punishments for consuming alcohol 3. Deleterious effects of alcohol on those addicted to it

I. Alcohol The Arabic word 'khamr' (alcohol) refers to anything that is bound to cause intoxication whether it is made from grapes or from other fruits or plants. In fact, it has been termed as such due to the fact that it 'covers', 'disturbs' and 'permeates' the mind.2 Muslim scholars are unanimously agreed that any kind of intoxicant, no matter its source, is strictly prohibited; they are also unanimously agreed that punishment is to be inflicted on anyone who becomes drunk of his own volition by using any kind of intoxicants and that 'khamr' 2

Lisaan al-'Arab, 4/254ff; Tarteeb al-Qaamoos, 2/106.

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(alcoholic beverage, wine, liquor) refers to any substance which causes intoxication, whether it is taken in small or large amounts.3 They have, however, expressed a difference of opinion as to whether or not alcoholic drinks not made from the juice of grapes are considered 'khamr' although they are agreed that those among them that cause intoxication are strictly forbidden. Two opinions are expressed in this regard: a. First Opinion: Any substance which causes intoxication is considered a type of 'khamr', whether it has been made from grapes or other fruits or plants. This is the view of the Maalikites 4, the Shaafi'ites5 and the Hanbalites6. This was also the view favoured by Shaaykh-ulIslaam Ibn Taymiyyah7 (may Allah has mercy on him). b. Second Opinion: 'Khamr' refers to any drink made from grapes and any other drink not made from other than grapes is not as such. This was the view of the Hanafites8 (may Allah have mercy on them). In support of their opinion, those who hold the first view cite the following traditions: a. Ibn 'Umar (may Allah be pleased with him) narrated that Allah's Messenger (may Allah's peace and blessings be upon him) said, "Every intoxicant is khamr and every khamr is forbidden."9 b. Ibn 'Umar (may Allah be pleased with him) narrated that he heard [his father] 'Umar ibn al-Khattaab (may Allah be pleased with him) say while delivering a sermon on the pulpit of Allah's Messenger, 'O people, alcoholic drinks were prohibited by Divine Order, and these drinks are [normally] prepared from five things: grapes, dates, wheat, barley and honey. An alcoholic drink ('khamr') is one that disturbs the mind."10 c. Anas ibn Maalik (may Allah be pleased with him) said, "I was the cup-bearer of some people in the house of Abu Talhah on the day Al-Ifsaah, 2/267-268; Bidaayat al-Mujtahid, 1/471; and Hilyat al-'Ulamaa', 8/93. Al-Mudawwanah, 4/410; Haashiyat ad-Dasooqee, 4/352; and As-hal al-Madaarik, 3/175. 5 Rawdhat at-Taalibeen, 10/168; and Mughnee al-Muhtaaj. 6 Al-Mubdi', 9/100; Al-Insaaf, 10/228; and Sharh al-Muntahaa, 3/357. 7 Majmoo' al-Fataawaa, 34/187. 8 Badaa'i' as-Sanaa''I, 7/39-40; Fath al-Qadeer, 5/305; and Haashiyat ibn 'Aabideen, 4/37-38. 9 Reported by Muslim, 3/1588, Book of Beverages, hadeeth no. 75. 10 See Fath al-Baaree 'alaa Saheeh al-Bukhaaree, 10/48, Book of Beverages; and Saheeh Muslim, 4/4322, Book of Tafseer, hadeeth no. 33. 3 4

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when alcohol was forbidden. Their alcohol had been prepared from dry dates or fresh dates when the announcer made the announcement. He (i.e. Abu Talhah) said to me, 'Go out and find out [what the announcement is]'. I went out [and found] an announcer making this announcement: 'Behold, alcohol has been declared unlawful.' He said: The liquor [was spilt and] flawed in the lanes of Madeenah. Abu Talhah said to me, 'Go out and Spill it', and I did."11 These texts, they argue, make it clear beyond any shadow of doubt that khamr refers to anything that causes intoxication, whether it is made from grapes or other fruits or plants, that it refers to any substance which disturbs the mind and that the Prophet's companions (may Allah be pleased with them) desisted from drinking any intoxicants made from ripe and unripe dates as soon as the divine command came down to this effect. This confirms the fact that the word 'khmar', as they understood it, included any type of intoxicant, whether it was made from grapes or not, for this word in their language simply means any substance which disturbs the mind, clouds it and veils it through inebriety caused by any drink whatsoever. 12 Those who hold the view that 'khamr' refers to intoxicants made only from grapes and that other intoxicants made from other than grapes is not considered 'khamr' support their opinion by a report by 'Abdullah ibn 'Abbaas (may Allah be pleased with him) in which he said, "Alcohol (khamr) was prohibited specifically, and intoxication in every other beverage [was also prohibited]."13 In this statement, Ibn 'Abbaas (may Allah be pleased with him) clearly distinguishes between 'khamr' on the one hand and intoxication made from other drinks, on the other; in other words, 'khamr' is confined to any alcoholic beverage made from only from the juice of grapes. Furthermore, the linguistic meaning of the word 'khamr' confirms this fact, for it refers to nothing but the juice of grapes when it is fermented. This meaning is also confirmed by Ibn 'Umar's statement in which he said, "Alcoholic drinks were prohibited

11Saheeh

Muslim, 3/1570, Book of Beverages, hadeeth no. 3. Bidaayat al-Mujtahid, 1/471; Al-Mughnee, 12/496; Al-Mubdi', 9/101; and Ibn 'Abd alBarr's At-Tamheed, 1/252. 13 Reported by an-Nasaa'ee; see As-Sunan as-Sughraa, 8/321; report no. 5685. 12

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[by Allah] when there was nothing of it in Madeenah."14 It is well-known that he meant the juice of grapes as there were other alcoholic drinks that were made from other fruit juices, as Anas ibn Maalik (may Allah be pleased with him) said, "Alcoholic drinks were prohibited at the time when we could rarely find wine made from grapes in Madeenah, for most of our liquors were made from unripe and ripe dates." 15 A critical comparison of these two opinions will reveal that the first opinion has more in its favour, namely, 'khamr' includes drinks made from the juice of grapes as well as from other fruits or plants. The reason for this is that the Arabs use the word 'khamr' to refer to alcoholic drinks made from grapes and also, in a more general sense, from any other drinks which are bound to cloud or disturb the mind. 16 In fact, this general sense gets adequate support from legal texts, as in the traditions reported by Ibn 'Umar (may Allah be pleased with him), "An alcoholic drink ('khamr') is one that disturbs the mind"17 and "Every intoxicant is khamr and every khamr is forbidden"18. Therefore, we must resort to the linguistic meaning which is confirmed and supported by textual evidence from the Qur'an or the Sunnah, for the textual evidence from such sources either eliminates the linguistic sense or widens its scope. Besides, Ibn 'Abbaas's statement "Alcohol (khamr) was prohibited specifically, and intoxication in every other beverage [was also prohibited]" is considered a 'weak' narration which clearly contradicts the authentic reports19; it is also classified by scholars of hadeeth as

Reported by al-Bukhaaree; see Fath al-Baaree, Book of Beverages, 10/38. Another report to this effect by Ibn 'Umar (may Allah be pleased with him) reads, "[The verse] prohibiting alcoholic drinks was revealed when there were in Madeenah five kinds of [alcoholic] drinks, none of which was produced from grapes." See Saheeh al-Bukhaaree, Book of Tafseer, hadeeth no. 4616. [Translator's Note] 15 Fath al-Qadeer, 5/306. See Saheeh al-Bukhaaree, Book of Beverages, hadeeth no. 5580. 16 Lisaan al-'Arab, 4/254ff. 17 See Fath al-Baaree 'alaa Saheeh al-Bukhaaree, 10/48, Book of Beverages; and Saheeh Muslim, 4/4322, Book of Tafseer, hadeeth no. 33. 18 Reported by Muslim, 3/1588, Book of Beverages, hadeeth no. 75. 19 Bidaayat al-Mujytahid, 1/472; and al-Hidaayah fee Takhreej Ahaadeeth al-Bidaayah, 6/325, no. 1199. 14

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'mawqoof'20, which clearly contradicts reports attributed to the Prophet (may Allah's peace and blessings be upon him). In fact, Ibn al-Qayyim (may Allah have mercy on him) explains that the true legal sense of the word 'khamr' is one of the issues over which there has been a major controversy and that our Prophet (may Allah's peace and blessings be upon him) has indeed so amply clarified its sense that we can comfortably dispense with unnecessary toil and elaboration, for he said, "Every intoxicant is khamr", and this definition includes all substances that cause intoxication. 21 He also writes in this regard, "It is well-known that Almighty Allah has clearly defined the limits of the lawful and the unlawful through His Speech and has dispraised those who do not know the limits of the law which Allah has sent down to His Messenger. In fact, He revealed this through His Speech; thus the limits of the law which Allah has sent down is abstention from overstepping the bounds of sin upon which He makes permissibility and impermissibly dependent; for He alone is the One Who sent down to His Messenger that which can be understood from the [Arabic] language and the Islamic Law (Sharee'ah) so much so nothing other than its subject can be included in it and nothing in its subject can be excluded from it. It is a well-known fact that the scope of wheat does not include mustard, the scope of dates does not include acorns and that of gold does not include cotton. People do not disagree on the fact that the limit of something does prevent other things of a different nature from being included in its scope and prevent other elements of the same nature from being excluded from its scope. In fact, people who best understand the religion are those who know the limits and scope of names upon which permissibility and impermissibility depends. The names which have limits or bounds in the Speech of Allah and that of His Messenger fall into three categories: 1. A type which has a certain limit in language: This includes such examples as the sun and the moon, the land and the sea and the night and the day. Therefore, whoever takes these words to mean other than their designated meanings, accords to them some of their general This refers to a report whose isnaad (chain of transmitters) goes back to the Companion only, not to the Prophet (peace and blessings be upon him). [Translator's Note] 21Bakr abu Zayd, Al-Hudood wat-Ta'zeeraat 'inda Ibn al-Qayyim, p. 256. 20

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meanings or excludes some meaning from their general meanings has indeed overstepped the bounds of their scope. 2. A type which has a certain limit in the Qur'an and the Sunnah: This includes such things as prayer, fasting, pilgrimage, the obligatory poor-due (zakaat), faith, Islam, piety and the like. In fact, the ruling as to taking these terms to mean other than their intended meanings is similar to taking words to mean other than their intended meaning from a linguistic standpoint. 3. A type with a certain limit in the customary practice ('urf): This refers to things not defined by Allah or His Messenger by definitions other than those commonly practised in a certain society, nor do they have a certain limit in language. These include travel and illness which entail the permission [to break the obligatory fast and make up for it later, for instance], mental deficiency and insanity which necessitates guardianship, breach between spouses which necessitates the appointment of two arbiters [to set things aright and achieve a reconciliation], fear of disloyalty and ill-conduct on the part of the wife which permits the suspension of sex relations and some slight physical correction, mutual agreement on equitable terms which permits trade and harm which is forbidden among Muslims, and the like. This type in the context of customary practice is similar to the other two types in their own contexts. Indeed, knowledge and consideration of the limits and the scope of these words will certainly enable us to dispense with analogical reasoning (qiyaas), for those who resort to analogical reasoning are only those who are not aware of these limits and scope, lack the true understanding of their nature and fail to give them their full sense. To illustrate, a group of scholars failed to identify the limits and scope of [the word] 'khamr' and have thus confined it to a certain type of intoxicants; Therefore, when they needed to decide the prohibition of every type of intoxicants, they resorted to analogical reasoning, and judged other than these types as to their impermissibility by analogy. Another group of scholars disputed with them regarding the employment of this analogical reasoning, contending that analogy does not apply to causes. The dispute among them lasted for a long time, and numerous questions and answers have been exchanged for the simple reason that they neglected to identify the limits and scope of the word 'khamr'; for the legislator (here the Prophet [may Allah's peace and Al-Adl (37)

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blessings be upon him]) defined the word utilising limits which include all elements of intoxication thus: 'Every intoxicant is khamr'; indeed, such definition has spared us a rather lengthy and wearing discussion on analogical reasoning, and we have thus proved the impermissibility through the text rather than through independent reasoning and analogy."22 The advantage of the difference in opinion as to the definition of whatever may be termed 'khamr' becomes evident regarding someone who has drunk a certain amount of intoxicating drinks made from other than the juice of grapes without getting intoxicated: Is it lawful to drink it? If it is not permissible to drink it, would the person who drinks it be subjected to the punishment prescribed for those guilty of drinking alcoholic beverages? And if such punishment is not inflicted on him, will he be considered sinful and be subjected to a discretionary correction (ta'zeer) which is administered for offences for which the hadd, or fixed punishment, has not been appointed, or not?23

Prohibition of Wines and Intoxicants in General One of the definite Islamic rulings which are by necessity known to every Muslim is the prohibition of wines and all types of intoxicants. In fact, proofs from the Qur'an and the Prophetic traditions to this effect are numerous. These include the following: 1. Almighty Allah says, "O you who believe! Indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah] and divining arrows are an abomination of the work of Satan, so avoid it that you may prosper. Satan only wants to excite enmity and hatred between you through intoxicants and gambling and to avert you from the remembrance of Allah and from prayer; will you then desist?" (Surat al-Maa'idah, 5:90-91) 2. He also says, "They ask you concerning wine and gambling, say, 'In them is great sin and some profit for people, but the sin is greater than the profit.'" (Surat al-Baqarah, 2:219)

22 23

I'laam al-Muwwaqqi'een 'an Rabbil-'Aalameen, 1/266-267. Al-Mughnee, 12/497; and Sharh Fath al-Qadeer, 5/305ff.

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3. He also says, "He (i.e. the Prophet [may Allah's peace and blessings be upon him) commands them what is just and forbids them what is evil; he allows them as lawful what is good [and pure] and prohibits them from what is bad [and impure]." (Surat al-A'raaf, 7:157) 4. Abu Hurayrah (may Allah be pleased with him) narrated that the Prophet (may Allah's peace and blessings be upon him) said, "When an adulterer commits illegal sexual intercourse, then he is not a believer at the time he is committing illicit sexual intercourse; when a thief steals, he is not a believer at the time when he is stealing; and when someone drinks an alcoholic beverage, then he is not a believer at the time of drinking it."24 5. Ibn 'Abbaas (may Allah be pleased with him) narrated that [Angel] Jibreel (peace be upon him) came to Allah's Messenger (may Allah's peace and blessings be upon him) and said to him, "O Muhammad, Allah has cursed wine, the person who makes it, the person for whom it is pressed, the person who carries it, the person for whom it is carried, the person who drinks it, the person who sells it, the person who buys it, the person who serves it and the person for whom it is served."25 6. Ibn 'Umar reported Allah's Messenger (may peace be upon him) as saying, "Every intoxicant is Khamr and every intoxicant is forbidden; he who drinks wine in this world and dies while he is addicted to it, not having repented, will not be given a drink in the hereafter." 26 These and many other texts from the Qur'an and the Sunnah conclusively state that wine and intoxicants in general are strictly forbidden and that being addicted to them is undoubtedly one of the major sins.

Gradual Stages of the prohibition of Alcoholic Beverages Reported by al-Bukhaaree, hadeeth no. 2475, and Muslim, hadeeth no. 57. Reported by Abu Daawood, at-Tirmidhee, Ahmad and al-Haakim. 26 Reported by Muslim, 3/1588, Book of Beverages, hadeeth no. 75. 24 25

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Alcoholic beverages were prohibited gradually in four stages, in each of which a verse was revealed. These stages are as follows: a. Allah the Almighty says, "And from the fruit of the date-palm and the vine you get out strong drink and wholesome food; indeed, in this is a sign for those who are wise." (Surat an-Nahl, 16:67) In this verse, Almighty Allah distinguishes between two reasons for taking fruits from vines and date-palms, namely (1) to make intoxicating drinks, on the one hand, and (2) to enjoy wholesome food, on the other. In fact, the verse strongly hints that intoxicants are not good and pure. b. Allah the Almighty says, "They ask you concerning wine and gambling, say, 'In them is great sin and some profit for people, but the sin is greater than the profit.'" (Surat al-Baqarah, 2:219) In this verse Almighty Allah makes it clear that there may possibly be some benefit in intoxicants but the harm is far greater than the benefit, in which case He urges the believers to keep away from them altogether. c. Allah the Almighty says, "O you who believe, do not approach the prayer when you are not in a state of intoxication until you know what you say…" (Surat an-Nisaa', 4:43) Here He forbids the believers to engage in prayers while they are intoxicated. In fact, before intoxicants were completely prohibited, some Muslims would drink alcoholic beverages only after the 'Ishaa prayer so they would have enough time to become sober again [before the next prayer was due]. d. Almighty Allah says, "O you who believe! Indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah] and divining arrows are an abomination of the work of Satan, so avoid it that you may prosper." (Surat al-Maa'idah, 5:90) With the revelation of this verse, alcohol was prohibited once and for all.

Wisdom behind the prohibition of Intoxicating Drinks There are numerous good and obvious reasons behind the prohibition of intoxicants, and any thinking person will certainly perceive them. In fact, the noted erudite scholar Ibn al-Qayyim (may Allah have mercy on him) outlined the wisdom behind alcoholic beverages thus: "Allah the Almighty has prohibited intoxicants for two reasons which He mentions in His Book, namely (1) they excite enmity 196

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and hatred between Muslims and (2) they avert them from the remembrance of Allah and from the prayer. This includes the harm which comes as a result of lack of being in full possession of one's senses and the absence of the benefit which can only be obtained when one is in full possession of one's senses. Animosity and hatred come form the first one, while aversion from the remembrance of Allah and the prayer comes from the second."27 Ibn al-Qayyim (may Allah have mercy on him) points to the rather substantial harm alcoholic drinks are bound to cause to the brain and the mind thus: "Allah has never made a remedy for us in the root of all evil (i.e. alcohol); for it causes detrimental effects on the brain which is the central location of the mind according to doctors and many jurists and theologians. During the course of talking about the acute diseases, [Greek medical doctor] Hippocrates said, 'The effect of alcohol on the head is detrimental indeed, for it is quick to affect it and, as a result, the [four bodily] humours28 which rise over the body are negatively affected; it also affects the brain.'"29 Sheikh Bakr Abu Zayd (may Allah have mercy on him) writes, "The fact established by Ibn al-Qayyim (may Allah have mercy on him), namely that alcohol does substantial harm to the brain, is regarded to be unanimously agreed upon by medical doctors. As Professor Ismaa'eel alKhateeb points out in his book Intoxicants in the Light of Divine Laws, 'Medical doctors are unanimously agreed that the detrimental effects of alcohol are numerous. Indeed, taking a small amount of alcohol will certainly cause a great deal of harm to the brain; it particularly affects its vital centres such as the memory.'"30 In fact, modern medicine has confirmed beyond any doubt the numerous injurious effects of alcohol on the liver and the vital body organs as well as on character, emotions and conduct.

II. Punishment for those Guilty Madaarij as-Saalikeen, 3/306. These 'humours', or fluids, are blood, black bile, yellow bile and phlegm. [Translator's Note] 29 Zaad al-Ma'aad, 3/115. 30 Al-Hudood wat-Ta'zeeraat 'inda Ibn al-Qayyim, p. 269-270. 27 28

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of Drinking Wine and Intoxicants The Islamic Law (Sharee'ah) has prescribed a definite punishment for those guilty of drinking wine and all types of intoxicants as a way of correction and purification with a view to deterring them from committing such an evil act. The majority of jurists (may Allah have mercy on them) are of the opinion that the punishment for those guilty of drinking wine and other types of intoxicants is a punishment prescribed by Almighty Allah and the Messenger (may Allah's peace and blessings be upon him) (hadd) and not a discretionary correction (ta'zeer) which is administered for offences for which the hadd, or fixed punishment, has not been appointed. Some scholars have even mentioned that there is unanimous agreement regarding the fact that such a punishment is fixed and that the controversy has only arisen as to the number of lashes to be given of those committing the offence of drinking. Those who have mentioned this unanimous agreement include Ibn 'Abd al-Barr31, Ibn Hazm32, Ibn Hubairah@@33, Ibn Qudaamah34, and Ibn Hajar35. By studying this consensus we will find that some scholars carefully traced it and came up with the conclusion that reports of such unanimous agreement are not authentic; such scholars include atTabaree and Ibn al-Mundhir ash-Shawkaanee36 (may Allah have mercy upon them) who mentioned that the punishment for drinking wine is not fixed by the Sharee'ah (hadd) but is to be decided by the ruler of the Muslim state or a judge (ta'zeer). The renowned erudite scholar Ibn alQayyim (may Allah have mercy on him) discussed this issue and came up with the following all-comprehensive statement: "Whoever looks closely at these reports will find that forty lashes constituted the fixed punishment (hadd) and that the extra forty [to bring it to eighty] is a form of (ta'zeer) punishment [to be decided by the ruler or the judge];

Al-Istidhkaar, 9/19. Maraatib al-Ijmaa', p. 133. 33 Al-Ifsaah, 2/426. 34 Al-Mughnee, 10/333. 35Fath al-Baaree 'alaa Saheeh al-Bukhaaree, 12/72. 36 Fath al-Baaree 'alaa Saheeh al-Bukhaaree, 12/72 and Nayl al-Awtaar¸7/150-151. 31 32

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indeed, the Prophets' companions (may Allah be pleased with them) did not disagree on this [fact]."37 Now that it has been established that the punishment for drinking wine is a fixed punishment prescribed by the Sharee'ah (i.e. hadd), scholars have expressed a difference of opinion as to the number of lashes to be given to those guilty of drinking it. Two opinions are expressed here: 1. First Opinion: The Prescribed Punishment for Drinking Wine is Eighty Lashes This was the view of the Hanafites38, the Maalikites39, one of the views held by the Shaafi'ites40 and the adopted view amongst the Hanbalites41 (may Allah have mercy upon them). The evidence they put forth is that the Prophet's companions (may Allah be pleased with them) reached the unanimous agreement during the Caliphate 'Umar (may Allah be pleased with him) that eighty lashes were to be given for drinking wine, and that no one amongst them came up with a different opinion regarding this; thus this view is to be adopted.42 Anas ibn Maalik (may Allah be pleased with him) narrated that a man who had drunk wine was brought to Allah's Messenger (may Allah's peace and blessings be upon him) and he gave him forty stripes with palm branches stripped of their leaves. He said that Abu Bakr gave forty lashes as well [for drinking], but when 'Umar [became the Commander of the Faithful] he consulted people and 'Abd-ur-Rahmaan [ibn 'Awf] said, "The mildest punishment [for drinking] is eighty

Zaad al-Ma'aad, 3/211. See also Fath al-Baaree, 12/72 and Bakr abu Zayd's Al-Hudood wat-Ta'zeeraat 'inda Ibn al-Qayyim, p. 292ff. 38 Badaa'i' as-Sanaa'i', 7/57; Al-Binaayah Fee Sharh al-Hidaayah, 5/471; Fath al-Qadeer, 5/31; and Haashiyat Ibn 'Aabideen, 4/40. 39Haashiyat ad-Dasooqee, 4/35; Haashiyat al-'Adawee, 2/303; and Sharh az-Zarqaanee 'alaa Mukhtasar Khaleel, 8/113. 40 Rawdhat at-Taalibeen, 10/172 and Mughnee al-Muhtaaj, 4/189. 41 Al-Mughnee, 12/498; Al-Insaaf, 10/229; and Sharh Muntahaa al-Iraadaat, 3/358. 42 Al-Mughnee, 12/498; Haashiyat al-'Adawee, 3/303; and Fath al-Qadeer, 5/310. 37

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[stripes]", and so 'Umar prescribed this punishment. 43 Another narrations reads, "Then 'Umar inflicted eighty stripes." 44 Another narration also mentions that 'Umar ibn al-Khattaab (may Allah be pleased with him) consulted people regarding the number of lashes to be given to a man who was guilty of drinking wine, and 'Ali ibn Abee Taalib (may Allah be pleased with him) said, "We judge that you inflict eighty stripes on him; for when he drinks he becomes intoxicated, when he becomes intoxicated he engages in irrational talk, when he engages in irrational talk he fabricates lies." Then 'Umar inflicted eighty lashes on him.45 2. Second Opinion: The Prescribed Punishment for Drinking Wine is Forty Lashes This is the view of the Shaafi'ites46 and one of the opinions of the Hanbalites47 (may Allah have mercy upon them). Shaykh-ul-Islaam Ibn Taymiyyah (may Allah have mercy on him) is of the opinion that the punishment for drinking wine is forty lashes and that the extra forty lashes is regarded as a ta'zeer punishment to be decided by the ruler or the judge48, and he espoused the view of his disciple Ibn al-Qayyim (may Allah have mercy upon him)49 The evidence they brought forth is based on a Prophetic tradition to the effect that the Prophet (may Allah's peace and blessings be upon him) inflicted forty stripes on those guilty of drinking wine. They go on to say that his action provides a binding legal proof which must not be neglected to follow someone else's action, and thus unanimous agreement contradicting it is not to be reached. Furthermore, Abu Bakr as-Siddeeq and 'Ali ibn abee Taalib (may Allah be pleased with them) followed suit.50 Reported by Muslim, 3/1330, hadeeth no. 35, Book of the Punishment for Drinking Wine; See also Fath al-Baaree 'alaa Saheeh al-Bukhaaree, 12/67. 44 Ibid. 45 Reported by Maalik in Al-Muwwatta', 2/842; and al-Bayhaqee in As-Sunan al-Kubraa, 8/321. 46 Al-Muhadh-dhab, 2/367; Rawdhat at-Taalibeen, 10/171; and Mughnee al-Muhtaaj, 4/189. 47 Al-Mughnee, 12/498; and Al-Insaaf, 10/230. 48 Majmoo' al-Fataawaa, 34/ 216. 49 I'laam al-Muwwaqqi'een, 1/220ff and Tahdheeb as-Sunan, 5/262-264. 50 Al-Muhadh-dhab, 2/367; Al-Mughnee, 12/499; and Mughnee al-Muhtaaj, 4/189. 43

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Hudayn ibn al-Mundhir said, "I saw that Waleed was brought to 'Uthmaan ibn 'Affaan as he had offered two rak'ahs of the dawn prayer, and then he said, 'I make an increase for you.' And two men bore witness against him. One of them was Humraan who said that he had drunk wine. The second one gave witness that he had seen him vomiting. 'Uthmaan said, 'He would not have vomited [wine] unless he had drunk it.' Then he said, 'Ali, stand up and lash him.' 'Ali said, 'AlHasan, stand up and lash him.' Thereupon Al-Hasan said, 'Let him suffer the heat [of Caliphate] who has enjoyed its coolness. ['Ali felt annoyed at this remark] and he said, 'Abdullah ibn Ja'far, stand up and flog him,' and he began to flog him and 'Ali counted the stripes until these were forty. 'Ali then said, 'Stop now,' and then said, 'The Prophet (may Allah's peace and blessings be upon him) gave forty stripes, and Abu Bakr also gave forty stripes, and 'Umar gave eighty stripes, and all these fall under the category of the Sunnah, but this one (i.e. forty stripes) is dearer to me.'"51 The Preponderant View It becomes clear from the forgoing arguments that the opinion which has more in its favour is the second opinion, namely that the punishment for drinking wine is forty lashes and that it is permissible to increase this number to eighty lashes or more or less. Indeed, this is the view adopted by researchers amongst Muslim scholars (may Allah have mercy on them). The fact that this is the preponderant view is based on the fact this was the practice of the Prophet himself (may Allah's peace and blessings be upon him). The opinion of those who oppose this view can be refuted as follows: 1. Their opinion is based on the fact that the Prophet's companions expressed unanimous agreement regarding the punishment for drinking wine in that they determined it to be eighty lashes. This can be refuted as follows: a. This is against the practice of the Prophet (may Allah's peace and blessings be upon him), and thus unanimous agreement cannot be reached to contradict the Prophet's practice. 51

Reported by Muslim, 3/1331-1332, hadeeth no. 38, Book of the Punishment for Drinking Wine. See also Fath al-Baaree 'alaa Saheeh al-Bukhaaree, 12/67.

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b. 'Ali ibn abee Taalib (may Allah be pleased with him) inflicted forty lashes on those guilty of drinking wine during the caliphate of 'Uthmaan (may Allah be pleased with him); therefore, if consensus of opinion was really reached, 'Ali would not have contradicted it. 2. The claim that consensus of opinion was reached is unfounded as some companions of the Prophet (may Allah's peace and blessings be upon him) diverged from it; this can be supported by the aforementioned practice of Abu Bakr and 'Ali (may Allah be pleased with them). 3. The fact that 'Umar (may Allah be pleased with him) increased the punishment for drinking to eighty lashes can be taken to be a form of a ta'zeer punishment which the Muslim ruler or judge can fix to realise public interest or a certain benefit.52 Imaam Ibn al-Qayyim (may Allah have mercy upon him) writes, "A close look at these reports will reveal that forty lashes represents the prescribed punishment (hadd) whereas the extra forty lashes represents a form of discretionary correction (ta'zeer) agreed upon by the Prophet's companions (may Allah be pleased with them all)…Indeed, 'Umar (may Allah be pleased with him) resorted to having those guilty of drinking alcohol banished and having their heads shaved off, and these are some of the rulings which Muslim rulers generally decide upon."53

Punishment An-Nasaa'ee and al-Haakim reported on the authority of 'Umar (may Allah be pleased with him) who Said, "Allah's Messenger (may Allah's peace and blessings be upon him) said, 'Whoever drinks wine lash him; if he drinks it again lash him; and if he drinks it again lash him; then if he drinks it again [for the fourth time] kill him.'" Al-Haakim said about this hadeeth, "Its chain of transmitters (isnaad) is authentic (Saheeh) given the conditions stipulated by al-Bukhaaree and Muslim in the classification of Prophetic reports. Adh-Dhahabee expressed the same opinion.54 Al-Mughnee, 12/499. Zaad al-Ma'aad, 3/211. 54 See an-Nasaa'ee, 2/330; and Al-Haakim's Al-Mustadrak bi Hashiyat adh-Dhahabee, 4/371. 52 53

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Ibn al-Qayyim (may Allah have mercy on him) writes in this connection, "It has authentically been reported that the Prophet (may Allah's peace and blessings be upon him) ordered [the companions] to kill him if he drinks wine again for the fourth or fifth time [after having been subjected to the punishment of lashing]. Scholars have expressed different opinions regarding this report. Some have said that it has been abrogated by the hadeeth [in which the Prophet (may Allah's peace and blessings be upon him) said], 'The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Messenger cannot be shed except in three cases'.55 It has also been said that it is muhkam56 and that there is no contradiction between the specific text (khaass) and the general text ('aamm) especially if it is not known if the general text comes after the specific one; it has also been said that [the drinker] must be subjected to discretionary correction according to the public interest, and that if he persistently drinks without being deterred by the prescribed punishment and even makes light of it, the Muslim ruler [or judge] may kill him as a form of discretionary correction, and not a prescribed punishment."57 He also writes, "The evidence [at hand] makes it clear that the order to kill him is not meant to be as a prescribed punishment (hadd) but as a form of discretionary punishment (ta'zeer) in accordance with the public interest. If people carry on drinking excessively and none of them seems to be deterred by the prescribed punishment (hadd) and the Muslim ruler [or judge] deems it appropriate to kill him then he must be killed. It is on account of this that 'Umar (may Allah be pleased with him) would sometimes resort to banishing or having the heads of [drinkers] shaved off. He also inflicted eighty lashes on them. The Prophet (may Allah's peace and blessings be upon him) inflicted forty lashes [on The entire text of the hadeeth Ibn al-Qayyim (may Allah have mercy upon him) refers to here is reported by Al-Bukhaaree and Muslim and reads: "The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Messenger cannot be shed except in three cases: in retribution for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (i.e. becomes apostate) and leaves the Muslim [community]. [translator's Note] 56 Muhkam (perspicuous) is one whose meaning is absolutely clear and there is no need to take recourse to ta'weel (interpretation). [Translator's Note] 57 Zaad al-Ma'aad, 3/211 55

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drinkers] and so did Abu Bakr (may Allah be pleased with him). Therefore, killing [a drinker] if he drinks for the fourth time [after having been subjected to the lashing punishment] is not a prescribed punishment (hadd) but rather a discretionary correction (ta'zeer) in accordance with the public interest."58 Muslim jurists (may Allah have mercy on them) have mentioned that the Muslim ruler [or judge] may resort to the discretionary correction (ta'zeer punishment) in addition to the prescribed punishment by imposing a number of other forms of punishments for certain reasons. These punishments include the following: a. Banishment: 'Abdur-Razzaaq writes in Al-Musannaf, "'Umar [ibn al-Khattaab (may Allah be pleased with him)] banished Rabee'ah ibn Umayyah ibn Khalaf for drinking wine to Khaybar, but the latter followed [the religion of] Heraclius and embraced Christianity. [Upon hearing this,] 'Umar said, 'I will never banish a Muslim after him.'" 59 Sheikh Bakr abu Zayd (may Allah have mercy upon him) writes, "Ibn Qudaamah has taken Umar's statement, 'I will never banish a Muslim after him' to mean that 'Umar deemed banishment necessary as a punishment due to the trials and tribulations caused by Rabee'ah as a result of drinking wine; thus banishment may be imposed depending on the different individuals and circumstances…. 'Umar (may Allah be pleased with him) resorted to banishment [as a punishment] for other drinking offences."60 'Abdur-Razzaaq also reported in this regard, "Whenever 'Umar ibn al-Khattaab (may Allah be pleased with him) found a person drunk in [the month of] Ramadhaan, he would banish him in addition to inflicting the prescribed punishment (hadd) on him."61 b. Shaving the head off: 'Abdu-Razzaaq mentions in al-Musannaf that when 'Abdullaah ibn 'Amr ibn al-'Aas (may Allah be pleased with him) was governor of Egypt, he inflicted the prescribed punishment (hadd) on 'Abdur-Rahmaan ibn 'Umar (may Allah be pleased with him) for drinking and then ordered that his head be shaved off. Ibn 'Abbaas Tahdheeb as-Sunan, 6/238. For a detailed discussion of this particular point, see Fath alBaaree, 12/80; Al-Muhallaa, 11/368; and Al-Hudood wat-Ta'zeeraat 'inda Ibn al-Qayyim, p. 306ff. 59 Al-Musannaf, 9/230. 60 Al-Hudood wat-Ta'zeeraat 'inda Ibn al-Qayyim, pp. 312-322. 61 Al-Musannaf, 9/232. 58

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disapproved this form of punishment by saying, "Allah has made the shaving off of the head a Sunnah and one of the ceremonies [of pilgrimage], but you have turned it into a punishment and increased his punishment…"62 c. Increasing the number of lashes for those who drink in the month of Ramadhaan: Ibn al-Qayyim (may Allah have mercy upon him) writes, "If he (i.e. the drinker) drinks in Ramadhaan, twenty lashes are to be added in addition to the prescribed punishment as a form of discretionary correction (ta'zeer), just as 'Ali did in the case of anNajaashee. Abu Bakr said [in this regard], 'He has to be given fifty lashes: forty for drinking and ten for [drinking in] Ramadhaan.'"63 Sheikh Bakr abu Zayd (may Allah have mercy on him) writes, "What Ibn al-Qaayim has mentioned constitutes only some of he forms of discretionary correction (ta'zeer) for drinking in Ramadhaan, and these are known to be imposed by the pious predecessors; otherwise there is a diversity of punishments to be imposed [on drinkers] such as increasing the number of lashes, banishment, defamation and the like, as 'AbdurRazzaaq has reported in Al-Musannaf. In fact, such forms of discretionary correction are to be decided upon by scholars and Muslim rulers as a result of independent reasoning (ijtihaad) following the public interest at all times and places and depending on those who commit such crimes themselves. Indeed, this is required by the sublime wisdom of Islamic legislation."64 Sheikh-ulk-Islaam Ibn Taymiyyah (may Allah have mercy on him) established that the imposition and toughening of ta'zeer punishments may be considered from three perspectives: By looking at (1) the nature of the offence itself, (2) the circumstances of the person who has committed it and (3) the occurrence, effect and currency of this offence amongst people.65 It is only in the light of these perspectives that ta'zeer punishments may be estimated, increased and established.

Both reports are in 'Abdur-Razzaaq's Al-Musannaf, 9/232-233. Badaa'i' al-Fawaa'id, 4/216. 64 Al-Hudood wat-Ta'zeeraat 'inda Ibn al-Qayyim, p. 323. 65 See the chapter on ta'zeer punishments in As-Siyyaasah ash-Shar'iyyah Fee Islaah arRaa'ee war-Ra'iyyah. 62 63

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III. Detrimental Effects of Wine and Intoxicants Doctors, scientists and researchers are agreed that alcoholic beverages have detrimental effects on those addicted to them in numerous aspects and that they cause heavy drinkers substantial harm which negatively affect the mind, body and the psyche in addition to the negative effects they exert on the personal, social, economic and political levels in the individual's life. The following are some of these effects. Physical Effects of Alcohol Alcohol negatively affects body growth and even retards the complete development of its activity. A German scientist has mentioned that the cellular tissues in a forty-year-old alcoholic are similar to those in a sixty-year-old ordinary person who does not drink, and his body and mind is similar that of old people. When a person consumes alcohol, the stomach and intestines rapidly absorb it. From there alcohol travels in the blood throughout the entire body, affecting nearly every tissue. The nervous system also becomes directly and dangerously affected, consequently affecting the cells of the brain. As a result, the mind becomes affected and the drinker starts to behave like a mentally deranged person. The consequent imbalance in the nerves causes the hands, the tongue and the lips to shake, thus hindering speech which turns into convulsive movements and causes the impairment of muscle coordination and reaction time. Alcohol also affects the digestive system, causes mouth ulcers and covers the tongue with a thick layer of dirt, microbes and germs , thus causing bad breath. The pharynx suffers from severe inflammations and the oesophagus suffers from chronic ulcer. The drinker's body temperature abnormally rises and he suffers from a succession of vomiting and heavy breathing. Resultant heartburns may lead to chronic inflammations and acute ulcer of the stomach and the duodenum, which may also cause stomach cancer. Alcohol also excites the small and large intestines and consequently causes diarrhoea and constipation fits normally caused by indigestion and the difficulty in absorbing food. Alcohol also destroys the body tissues and badly damages the liver and

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even causes cirrhosis66 and malignant tumours. Other adverse effects include inflammation of the pancreas, disturbance of the bronchial tubes, poisoning of the blood vessels and an increase of fats and cholesterol in the blood and the liver, which naturally leads to hypoglycaemia67 and anaemia. Perhaps one of the most adverse effects of alcohol on the drinker is its direct effect on the heart, for heavy drinking also causes heart muscle damage68 and causes heart enlargement and thickening of the heart muscle. This is always accompanied by dyspnoea69. Eventually the heart needs more oxygen to function, which can lead to heart failure, brain stroke, or kidney impairment. Alcohol is also bound to cause sterility in women, and women who drink excessive amounts of alcohol while pregnant run a high risk of having a baby born with foetal alcohol syndrome (FAS), the leading known cause of birth defects.70 Such babies normally suffer from birth Irreversible liver damage characterized by scarring, or fibrosis, and widespread formation of nodules in the liver. If left untreated, the liver becomes unable to carry out its functions, resulting in complications that affect many different systems of the body. According to the Centres for Disease Control and Prevention, cirrhosis is the tenth leading cause of death in the United States. In 1998, it was responsible for nearly 25,200 deaths. [Translator's Note] 67 Hypoglycaemia is a condition which is characterized by an abnormally low level of sugar in the blood. Symptoms of hypoglycaemia include weakness, shakiness, nervousness, anxiety, and faintness and actual fainting. Patients also may show marked personality changes and may seem intoxicated. [Translator's Note] 68 This is known as cardiomyopathy. Nearly half of all cases of cardiomyopathy are caused by drinking alcohol. In this heart disease, the heart muscles, particularly the right and left ventricles, enlarge and become flabby, reducing the heart’s bloodpumping efficiency. This inefficiency reduces the flow of blood through the kidneys, which normally filter excess salts and water out of the blood. Eventually the blood volume rises, causing a potentially fatal backup of fluid in the lungs. [Translator's Note] 69 Dyspnoea refers to difficulty in breathing or shortness of breath disproportionate of effort. This occurs if the supply of oxygen is inadequate or if carbon dioxide accumulates. [Translator's Note] 70 FAS results in a combination of mental and physical defects, such as retardation, a small head, and poor muscle tone. Some babies exposed to alcohol during foetal maturation develop foetal alcohol effect (FAE), which produces more subtle symptoms, including behavioural problems, difficulty paying attention, or the inability to think abstractly. [Translator's Note] 66

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defects, a weak physique as well as hereditary diseases which are normally caused by defects in the genetic code that comes from the parents.71 Psychological Effects Alcohol is undoubtedly one of the reasons behind numerous cases of depression72, fits of forgetfulness and psychosis 73, which causes hallucinations and organic psychotic disturbances, making those suffering from such diseases to experience hallucinations, delusions and bizarre behaviour. They may say that have heard or seen something when nothing in the environment has actually caused that sensation.74 They also experience feelings of great fear and mental disturbances; they lose their balance, accuse other people and develop feelings of weariness, impatience, agitation, aggressiveness, irrational talk, lack of confidence, overreaction and loss of control.75 The adverse health effects alcohol may also include hepatitis, gastritis, ulcers and bleeding, cancer, obesity, mouth, throat and oesophageal (gullet) cancers, pancreatitis (inflammation of the pancreas), malnutrition (alcohol robs the body of B vitamins), osteoporosis (thinning of the bones), cramps, tingling and weakness, chronic alteration of brain and nerve function, testicular shrinkage and male breast enlargement, elevated triglycerides, blood-clotting abnormalities, vitamin deficiencies, chronic skin alterations, and of course death. [Translator's Note] 72 Depression is a mental illness in which a person experiences deep, unshakable sadness and diminished interest in nearly all activities. People also use the term depression to describe the temporary sadness, loneliness, or blues that everyone feels from time to time. In contrast to normal sadness, severe depression, also called major depression, can dramatically impair a person’s ability to function in social situations and at work. People with major depression often have feelings of despair, hopelessness, and worthlessness, as well as thoughts of committing suicide. [Translator's Note] 73 Psychosis is a mental illness in which a person loses contact with reality and has difficulty functioning in daily life. Psychotic symptoms can indicate severe mental illnesses, such as schizophrenia and bipolar disorder (manic-depressive illness). [Translator's Note] 74 For example, a person experiencing an auditory hallucination might hear a voice calling her or his name even though no one else is actually present. [Translator's Note] 75 Alcohol also affects the mood, as it causes an initial euphoria and aggression, then anxiety, panic attacks and depression; it also affects the intellect by impeding the drinker’s sense of judgment, leading to poor memory and loss of inhibitions. It also affects e co-ordination, which results in increased risk of accidents and causes 71

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Detrimental Effects on Wealth and the Economy The injurious effects of alcohol on money, property and the economy in general becomes apparent when we think of the huge amounts of money spent on this harmful and repulsive drink, especially in this day and age when great skill and different techniques are employed in producing and marketing it. Furthermore, these alcoholic beverages, or rather poisons, affect the minds of those given to drinking in such a way as to negatively affect their productivity as well as render them virtually useless members of society. Suffice it to say that a look at the volume of losses caused by drinkers and their irresponsible aggressive actions towards others and establishments will reveal the adverse consequences of drinking, such as job loss, general disorder and problems which only trouble and engage the attention, time and energy of security forces as well as those who work in hospitals, prisons and courts. Social Effects Alcoholic beverages are amongst the leading factors behind the breakdown of social relationships and the main causes behind the destruction of the bonds of friendship, love and affection between members of society. Indeed, they lie at the heart of family problems and breakdowns and the absence of the breadwinner from home due to his drunkenness or imprisonment. Besides, the psychological effects of alcoholic beverages and intoxicants in general as well as the emotional crises they are bound to trigger represent the leading cause of family and marital breakdowns and the huge wastage of effort and energy in attempting to solve such problems. 76 psychiatric problems, as there is an increase in the risk of suicide, paranoia, morbid jealousy and sexual problems. [Translator's Note] 76

Social problems also include increased family tension, increased levels of quarrelling and violence and destabilised relationships; partners may become anxious, depressed, socially withdrawn and may drink excessively themselves. These problems also lead to detrimental effects on the children leading to behavioural problems and underperformance at school and increased rates of divorce. There may be deterioration in performance, conflict with colleagues, an increase in workplace accidents and a worsening attendance record. This is likely to result in repeated dismissals ultimately leading to long-term unemployment. Drinking is also associated with crimes that include driving offences, fraud, sexual offences and crimes of violence. Social effects of drinking that may indicate moderate disability include unemployment, social isolation, debt, divorce, and legal problems such as theft and crimes of violence. [Translator's Note]

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In conclusion, we can say that the most detrimental effect alcohol can have on the drinker is that it affects his religion by making him neglect the prayer and fasting as well as the other religious duties; it also makes him audacious enough to commit grave sins and forbidden acts and to violate the inviolable as a result of the impairment of mental abilities, judgment and memory, aggressiveness and sensuousness due to addiction to this fatal pandemic.77 The severe punishment awaiting him in the hereafter is far worse than this and is yet to come. In a nutshell, we can say that a drinker is, as it were, 'an amputate limb' in the Muslim community, a burden on other people and a slave to his whims and desires who excessively commits forbidden acts, deprives himself of worldly happiness, leads a miserable life as a result of disobeying his Lord and committing ugly sins; he is bereft of anything that may be of benefit to him and represents a great burden on his family members, neighbours and all those around him. Almighty Allah says, "But whoever turns away from My Message, surely for him is a life narrowed down, and We shall raise him up blind on the Day of Judgment." (Surat Taa-Haa, 20:124) We pray to Allah to protect us and all Muslims from all forms of adversities and to keep us away from committing evil acts. All praise is to Allah, and may Allah's peace and blessings be upon our Prophet Muhammad, his good family and all his noble companions.

77

See 'Abdul-Wahhaab Taweelah, Fiqh al-Ashribah, p. 77ff.

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