Fixed Penalty of Intoxication

FIXED PENALTY OF INTOXICATION

Stages of wine prohibition

While wine was being sold in its inns in Makkah, Allah sent Muhammad.
 Its commerce was popular, however, there were some wise men, like Abu-Bakr AL-Siddiq, who did not approach it as they knew the mental disorder caused by it.

①When Muslims migrated to AL-Madinah, the Holy Qurᶦan began to hint at wine disadvantages.

God says ﴾They ask you about wine and gambling. Say, “In them is great sin and [yet, some] benefit for people. But their sin is greater than their benefit.”﴿Chapter of the Heifer.

②Once, a group of drunken people were praying and their leader was reciting the verse ﴾Say, “O disbelievers (1) I do not worship what you worship(2)﴿incorrectly.

He said, “And we worship what you worship.”

So, Allah revealed the verse ﴾O you who have believed, do not approach prayer while you are intoxicated until you know what you are saying﴿ Chapter of Women.

③The third stage has been complete prohibition of it. God says ﴾O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but abomination from the work of Devil, so avoid it that you may be successful﴿ Chapter of the Table. Verse NO 90

●Abu Saᶦid AL-Khudri reported: I heard Allah’s Messenger addressing in AL-Madinah. He said, “O people, Allah is giving an indication (of the prohibition) of wine, and He is probably soon going to give an order about it. So he who has anything of it with him should sell that, and benefit from it.” 

We waited for some time that Allah’s Apostle said: “Verily Allah, the Exalted, has forbidden wine. So, who hears this verse and he has anything of it with him, he should neither drink it nor sell it.”

People then brought whatever they had of it with them on the streets of AL-Madinah and split that. [Muslim]. 

 

Wine and all intoxicants have been prohibited in the second Islamic year after the Battle of Uhud.

If he, who is commanded, committed to provisions, aware of their prohibition, and not coerced, drinks wine or any other intoxicant, he will be lashed with eighty lashes.

●AL-Saᶦib ibn Yazeed reported: We used to strike the drinker with our hands, shoes, and clothes (by twisting them into the shape of lashes) during the lifetime of the Prophet, Abu-Bakr, and the early part of ᶦUmar’s caliphate.
But during the last period of ᶦUmar’s caliphate, he used to give the drunken forty lashes, and when the drinkers became mischievous and disobedient, he used to lash them with eighty lashes. [AL-Bukhari].

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□If a large amount of a drink causes intoxication, a small amount of it is prohibited. So, beer is included in prohibition.

Prohibition includes wine maker, seller, the one who conveys it, the one to whom it is conveyed, and the one who sits with drinkers during drinking, even if he does not drink with them.

●It was narrated from Abd Allah ibn ᶦUmar (May Allah be pleased with him) that the Prophet said, “Allah has cursed wine, its drinker, its server, its seller, its buyer, its presser, the one for whom it is pressed, the one who conveys it, and the one to whom it is conveyed.” [Abu-Daoud].

●ᶦAishah (May Allah be pleased with her) reported: The Messenger of Allah was asked about mead (which is made from honey) and he said: “Every drink that intoxicates is unlawful.” [AL-Bukhari].

●It was narrated from Ibn ᶦUmar that the Prophet said, “Every intoxicant is wine (Khamr), and every wine is prohibited.” [The Two Scholars].

●It was narrated from Jabir that the Messenger of Allah (P.P.B.U.H) said, “Every intoxicant is prohibited. Verily Allah made a covenant to those who drank intoxicants to make their drink from Tinat AL-Khabaal.” They said, “O Messenger of Allah, what is Tinat AL-Khabaal?” He said, “It is the sweat of the people of Hell or the discharge of the people of Hell.” [Muslim].

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Procedure of fixed penalty application

1) A drinker is lashed after his awakening.

2) His clothes are not taken off if they are light weight.

3) Flogging should be consecutive.

4) Flogging is distributed on his body, except his face.

5) He should not be scorned, but he should be given a chance to repent.

6) Penalty should be applied according to a clear evidence, like testimony of two witnesses, or confession of the drinker.

7) It is not required to flog him with a whip, indeed he can be flogged with hands, foot wear, or palm branches.

8) Penalty should be applied publicly in daylight in front of people.

●Abu-Hurairah reported: A drunken was brought to the Prophet. He said, “Give him a beating.” Then, some beat him with hands, some with their shoes, and some with (a folded) piece of cloth. When he left, someone said to him: “May Allah disgrace you!”

The Prophet said, “Do not say so. Do not help the Devil against him.” [AL-Bukhari].

¨Although ᶦUmar was a drunken and addicted to wine in pre-Islamic ignorance period, after embracing Islam, he invoked Allah urgently and said, “O Allah, reveal to us a conclusive declaration concerning wine.” Prohibition of wine has been one of the things in which the Holy Qurᶦan coincides with ᶦUmar ibn AL-Khattab’s opinions and suggestions.

¨ᶦUthmaan ibn ᶦAfaan said, “Avoid wine, as it is the mother of all evils. There was a man, among those who came before you, who was a devoted worshipper. An immoral woman fell in love with him. She invited him to her palace and threatened him that if he did not have sexual intercourse with her, she would cry out, but he refused. So, she gave him three choices:

□Having a sexual intercourse with her.                     

□Drinking wine.                

□Killing a boy.

He chose to drink wine as he thought it was the easiest thing. After he had drunk it, he lost his mind, so he had sexual intercourse with her and killed the boy.”

¨A group of people were brought to ᶦUmar ibn Abd-AL Azeez, among them there was a righteous man who had not drunk with them.

ᶦUmar said, “Start (applying fixed penalty) to him. Didn’t you hear God’s saying ﴾And it has already come down to you in the Book that when you hear the verses of Allah [recited], they are denied [by them] and ridiculed; so do not sit with them until they enter into another conversation. Indeed, you would then be like them. Indeed Allah will gather the hypocrites and disbelievers in Hell all together﴿” Chapter of Women. Verse NO 140