ISLAMABAD:
The Supreme Court has decided to review the punishment for drinking alcoholic beverages. A five-judge appellate bench – headed by Justice Ejaz Afzal Khan – on Thursday heard the government’s appeal against a verdict of the Federal Shariat Court (FSC), which had declared that whipping for the offence of drinking was un-Islamic.
The FSC had given ruling on a Shariat petition by Dr M Aslam Khaki, who had challenged different provisions of the Prohibition Order (Enforcement of Hudood) Ordinance 1979, in which drinking was provided as Hadd, punishable with 80 lashes.
The FSC agreeing with the petitioner had declared the provisions of 80 lashes as un-Islamic.
The federal government, filing an appeal against FSC judgment, has contended that the FSC did not give any notice to the government with regard to examining Article 8 of the order and section 4 of the ‘whipping ordinance’. “The government has been condemned unheard on this issue,” said the appeal.
The government has also contended that the FSC was not competent to go beyond the scope of the Shariat petition and gave judgment without lawful authority and jurisdiction.
During the first hearing of the case on Thursday, Justice Ejaz Afzal Khan observed that there was no absolute prohibition of drinking in the Quran as it was only restraint. He said the Holy Prophet (PBUH) did not award punishment to any drinker.
“The punishment of 40 stripes was awarded first time in the era of Hazrat Abu Bakar Siddiq (RA) and it was raised to 80 lashes by Hazrat Umar (RA),” he added.
The bench also hinted at reviewing the punishment for the offence of drinking and asked Deputy Attorney General (DAG) Sohail Mahmood and petitioner Dr Aslam Khaki to assist it on this matter.
The hearing of the case will resume next week.
Published in The Express Tribune, October 26th, 2014.
COMMENTS (17)
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Auto Club of Southern Ca. states that even one drink impairs your driving. No question but alcohol is a drug and every drop damages the brain.
@Kazim Zaidi: says who? How can you narrate stories fro 1400 years ago when there was no media or even written accounts. If you all believe these stories please remember Omar use to love date wine.
Ok, this is the duty of the legislature to correct the punishment, whatever it is, but why concentrating on things that are not good for the society? I mean, the world is trying hard to get rid of this menace, and we are thinking the alcohol is some sign of success? are we not living in complete nativity? The alcohol is harmful, irrespective of the fact if it is allowed or not by the religion.
Allaah says (interpretation of the meaning):
“O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and Al-Ansaab, and Al-Azlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s (Satan’s) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful”
[al-Maa’idah 5:90]
In Sunan Abi Dawood (3189) it is narrated that Ibn ‘Umar (may Allaah be pleased with them both) said: the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Allaah has cursed alcohol, the one who drinks it, the one who pours it, the one who sells it, the one who buys it, the one who squeezes it (squeezes the grapes, etc), the one for whom it is squeezed, the one who carries it and the one to whom it is carried.” (Classed as saheeh by al-Albaani in Saheeh Abi Dawood, 2/700)
It was narrated from Ibn ‘Umar that the Messenger of Allah (ﷺ) said: “Every intoxicant is Khamr (wine) and every Khamr is unlawful.” (Book 30, Hadith 3515)
There are very many ahaadeeth and reports which state that alcohol is emphatically forbidden and that it is the mother of all evils; whoever falls into this sin, it will lead him into other evil actions. We ask Allaah to keep us safe and sound.
Instead judiciary ensures a system of discipline and harmomy . It has been endeavouring to implement a system which will lack in discpline.
How many people are familiar i.e. whether drinking is punishable or not in islam? Arguably very few........
So once legalized, society, friends and family will suddenly be okay with it? Think about it. It will remain acceptable by the segment of society that already has no issue with it. But for the majority, it will still be a sin. The main change will be reduction in casualties caused by moonshine and treatment for alcoholism.
If there isn't any punishment for drinking Alcohol than there won't be any punishment for selling it as well. This ruling is totally against Islam, there are several example of drinking punishment in Islam and one of most prominent is Hazart Ali (as) punished, by his own hands, Governor of Kufa Walled for drinking Alcohol by lashing him in the presence of Hazrat Usman (ar).
IF drinking was legalised or punishment mitigated it would lead to a lot more frustrations being released. The opposite of a bloodbath. We would be a more satisfied and happier nation. .... since so so many of us drink already.
Drinking should be made legal in Pakistan. This will stop those people who consume toxic alcohol and eventual death.
Great news :) finally something sensible has happened!
Only the poor and deprived are subject to this punishment anyway if it exists. Anybody with the slightest amount of privilege can go on drinking happily as always. Nothing but a reflection of serious hypocrisy in our society. Maybe the SC can now neutralize things a bit and eliminate a major 'revenue' source for the police. The reasons for the appeal are obvious.
Well done Dr Khaki. Well done FSC and SC.
Very few Muslims in Pakistan consume alcohol, and even if the punishment for drinking is death, they will not be deterred. The government should try to ensure that alcohol is available only to non-Muslims and foreigners. Moreover, I don't recall that anyone has received any punishment for drinking (whether forty or eighty lashes or a term of imprisonment).
oh comeon , legalize alcohol already.
Please listen, if the Federal Shariat Court has declared whipping as un-Islamic punishment for drinking alcohol, lets welcome this decision.
We can't even have basant because people can't stop using dangerous materials which kill people. Can you imagine drunk drivers on the road without any restrictions. Prepare for a blood bath.