| Author | Topic |
Siddiq Bukhary
Moderator
PAKISTAN
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 Topic initiated on Wednesday, March 17, 2004 - 11:58 AM 
Module1: Drunkards
In Islamic Shariah, can death penalty be given to drunkards? |
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anajee
USA
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Posted - Tuesday, July 6, 2004 - 10:54 PM 
As Salaamu Alaykum.
According to The Quran, the death penalty can only be imposed for two reasons: Murder and Fasada Fiyl-Ard. If the drunkards are seeking to promote this type of conduct through out society or trying to entice the citizens of the Islamic society into this type of conduct then I believe that yes, they can be put to death. Not because of their drinking; but, because of their attempt to corrupt the society and change the laws that Allah(s.w.t) has ordained. For example: If a person is found guilty of consuming Khamr, he should receive a Ta`zir punishment that is to be set by the Islamic government. If later he is found guilty again, the Qadi should recommend a sterner punishment than that which he received the first time. If he is found guilty a 3rd time, I believe that the death penalty could be instituded against him because of the adverse affect that his conduct has on society. By his continuation to engage in this type of conduct, it disrupts the order of society because it shows that he has no regard for society and the laws that Allah legislated. |
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Siddiq Bukhary
Moderator
PAKISTAN
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Posted - Wednesday, July 7, 2004 - 7:30 AM
"If he is found guilty a 3rd time, I believe that the death penalty could be instituded"
Third or fourth time would not count, rather fisad fil Arad
would be taken into consideration. If his conduct comes under the purview of fisad fil arad then death panalty would be justified. |
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anajee
USA
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Posted - Wednesday, July 7, 2004 - 4:52 PM
| You are absolutely right. But read fully what I said in the context of the whole passage."If he is found guilty a 3rd time, I believe that the death penalty could be instituded against him because of the adverse affect that his conduct has on society. By his continuation to engage in this type of conduct, it disrupts the order of society because it shows that he has no regard for society and the laws that Allah legislated." |
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abdullah099
USA
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Posted - Monday, August 9, 2004 - 7:06 PM
I disagree with you on this issue. I don't believe a drunkard should be killed no matter how many times he drinks alcohol. The punishment of flogging them was instated by the prophet, and he gave no other instructions for dealing with drunkards. And certain people would be brought to him several times because they were drunk and he would still command that they be lashed 40 times. And if this drunk person is corrupting others with his drinking problem, then they should be lashed as well. If they are weak enough in their faith to follow him in doing something which everyone knows is against Islam. Then they deserve to be punished alongside him. Eventually they will stop drinking. Or they might die while the prescribed punishment is taking place.
Anas b. Malik reported that Allah's Apostle (may peace be upon him) gave a beating with palm branches and shoes, and that Abu Bakr gave forty lashes. When Umar (became the Commander of the Faithful) and the people went near to pastures and towns, he said (to the Companions of the Holy Prophet). What is your opinion about lashing for drinking? Thereupon Abd al-Rahman b. Auf said: My opinion is that you fix it as the mildest punishment. Then 'Umar inflicted eighty stripes.
Ali reported: If I impose Hadd on anyone, and he (in course of punish ment) dies, I would not mind except in case of a drunkard. If he dies. I would pay indemnity for him because the Messenger of Allah (may peace be upon him) has laid down no rule for it. |
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Siddiq Bukhary
Moderator
PAKISTAN
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Posted - Tuesday, August 10, 2004 - 7:00 AM
| You are right that death penalty cannot be awarded to drukards but what if their conduct comes under the purview of Fisad Fil Arad or Muharabah? |
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abdullah099
USA
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Posted - Tuesday, August 10, 2004 - 8:36 AM
| I'm sorry I don't know those words. Can you explain their meaning for me. Thank you. |
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anajee
USA
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Posted - Tuesday, August 10, 2004 - 3:50 PM
| The words Fisad Fil Arad means to make disorder or mischief through-out the land. Muharabah means to make war on either Allah, His Messenger or the Islamic society as a whole. If you carefully study the effects of alcohol on society at large, you will see that those effects can easily fall into these category. Drinking, and the promotion of drinking, breaks down the moral, physical, and mental fabrics of the society and promotes indecency(Fakhsha) and corruption(Taghut). Therefore, it is allowed to flog a person for simple alcoholic consumption; but, what is an Islamic society suppose to do when one seeks to corrupt that society? In Shariah, it is permissible to sentence the drug smuggler to death because of his actions at corrupting the society. Well in the Quran, the same words used for wine and intoxicants covers all substances that are used to alter the mind state of the one who consumes them. Alcohol and drug consumption are the tools of Shaytan, as Allah, the Most High, has stated in His Book. So if Shaytan is the enemy of Man, should we not take action against those who seek to promote his agenda? |
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abdullah099
USA
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Posted - Tuesday, August 10, 2004 - 5:35 PM
| But what if the person is just expelled from the Muslim lands and never allowed to come back unless he repents and changes his ways. I think thats a better approach. And if he does it again, then you can kill him. |
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anajee
USA
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Posted - Tuesday, August 10, 2004 - 7:43 PM
| Well, according to the Quran, that is one of the punishments for the Muharaba: Nafi(Banishment). It must be kept in mind, though, the extent of the crime and the effects that the persons crime has on society. Do not get me wrong, I am not saying to just kill the offender. What I am saying is that it is permissible to do so under the Shariah. All factors should be taken into account before such steps are taken. I believe that this punishment(death) should only be instituted under the most extreme of circumstances. And Allah, ta`ala, is the Wisest Judge. |
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