Drinking liable to Hadd

Introduction of Drinking

Islam has presented its own concept of halal (Lawful) and Haram (unlawful) food. In fact, Islam has forbidden its followers from taking some specific foods and drinks. Islam has declared taking of intoxicants haram (unlawful). Therefore, drinking is forbidden in Islam.

Relevant Provisions

Following are the relevant provisions regarding the concerned topic. Sections 6 to 11 of the prohibition (Enforcement of Hadd) order of 1979.

Essential Ingredients of Drinking

Under Article 6 of the Prohibition (Enforcement of Hadd) order 1979; following are essential ingredient of Drinking.

(a) Intention 

A person may be guilty of drinking only, if he takes an intoxicant intentionally.

(a) Without Ikrah and Iztirar

Intoxication must be without any ikrah or iztirar

i) Meaning of Ikrah

According to explanation of sec.6, Ikrah means putting any person in fear of injury to the person, property or honor of tat or any other person.

ii) Meaning of Iztirar

Iztirar means a situation in which a person is in apprehension of death due to extreme hunger or thirsty or serious illness.

Kinds of Drinking

Following are two kinds of drinking

(i) Drinking Liable to Hadd

When an adult Muslim takes intoxication liquor by mouth, he/she is guilty of drinking liable to hadd. Punishment for such offence is to whip a convict with eighty stripes.

(ii) Drinking Liable to Tazir

Drinking become liable to Tazir in either of following  situations;

a) A Muslim Citizen of Pakistan

Drinking by a Muslim citizen of Pakistan becomes liable to tazir when such drinking is not liable to hadd or when proof against such drinking is not available through confession of accused or through tazkiyah al-shuhood, and court is satisfied that the offence stands proved by evidence on record.

b) A Non-Muslim Citizen of Pakistan

Drinking by a non-Muslim citizen of Pakistan becomes liable to tazir when such drinking is not a part a ceremony, which is prescribed by his/her religion.

c) A Non-Muslim, Who is not a Citizen of Pakistan 

Drinking by a non-Muslim, who is not a citizen of Pakistan, becomes liable to tazir when such drinking is done at a public place.

Proof of Drinking Liable to Hadd

Punishment of hadd can be awarded against drinking when proof is available in either of following forms;

(i) Confession of Accused 

When an accused makes a confession of commission of drinking before a court of competent jurisdiction, punishment of hadd can be awarded against drinking.

(ii) Two Muslim Witness

When at least two Muslim witnesses give evidence about commission of drinking and court is satisfied about requirement of tazkiyah al-shuhood to such extent that such witnesses are truthful persons and abstain from major sins, punishment of hadd can be awarded against drinking.

Punishment For Drinking liable to Hadd

When Article 8 informs that what is drinking liable to Hadd, it also lays down the punishment for the offence. It says that whoever commits drinking liable to hadd shall be punished with whipping numbering eighty strips. It is further said that punishment shall not be enforced until and unless such punishment is confirmed by the court to which an appeal from the order of conviction lies.

Cases in which Hadd shall not be Enforced

In either of following three situations, persons, who are charged of drinking, are exempted from operation of Prohibition (Enforcement of Hadd) Order as far as enforcement of hadd is concerned;

i) Retracting Confession 

When drinking is proved only by confession of convict, but he/she retracts his/her confession before execution of hadd, he/she is exempted from operation of Prohibition (Enforcement of Hadd) Order as far as enforcement of hadd is concerned.

ii) Resilience of a Witness

When drinking is proved by testimony, but any witness resiles from his testimony before execution of hadd and, consequently, number of witness becomes less than two, accused is exempted from operation of Prohibition (Enforcement of Hadd) Ordinance as far as enforcement of hadd is concerned.

Conclusion

Drinking is an offence that is prohibited in Quran because it renders unconsciousness. To possess any intoxicant is sufficient to constitute the charge of drinking. 

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