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Drinking liqour is not Haram
By:Sidqi, Ca
Date: Wednesday, 22 February 2012, 5:50 pm

Subject: Fwd: Fwd: Drinking liqour is not Haram - Pakistan Federal Shariat Court

Judgement.

>
> Drinking liqour is not Haram - Federal Shariat Court

> The Federal Shariat Court (FSC) has declared whipping for the offence of
> drinking as un-Islamic and directed the government to amend the law to make
> the offence bailable. A full-bench of the FSC comprising Chief Justice
> Haziqul Khairi, Justice Salahuddin Mirza and Justice Fida Mohammad Khan gave
> the ruling on Thursday after hearing the arguments that the Holy Quran asks
> Muslims to stay away from liquor but does not specifically declares it
> Haram, or prohibited.

The FSC had taken up a Shariat petition of 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, prescribing 80 lashes as punishment for the offence.
Pleading the
> case, Dr Aslam Khaki argued before the FSC that the punishment of 80 whips
> was neither provided by the Holy Quran nor Sunnah, hence the offence should
> not be termed as Hadd.

Prophet Muhammad (Peace Be Upon Him), he recalled,
> had awarded only 40 sticks that too of a date tree to the offender, but not
> 80 whips.

Article 8 of the Prohibition Order (Enforcement of Hudood)
> Ordinance 1979 declares drinking liable to Hadd and suggests that whoever
> being an adult Muslim drinks intoxicating liquor by mouth is guilty of
> drinking liable to Hadd and shall be punished with whipping numbering 80
> whips.

Islam had declared some specific offences as Hadd which are heinous,
> but the offence of drinking is not a heinous crime, he argued.Though the
> Holy Quran has attributed drinking as both “benefit” and also Haram, but
> declared Haram is more than its benefit.

*Thus the offence of drinking is
> not absolute Haram. *

He contended that Article 25 of the ordinance which
> provided punishment for attempt to drinking was violative of the injunction
> of Islam as neither Holy Quran nor Sunnah had provided any punishment for
> it. “If a person makes an attempt to drink but withdraws, he should be
> appreciated but not be punished,” he said, adding intention of commission of
> crime without any physical act was not a crime.

The court agreeing with the
> petitioner declared the provisions of 80 lashes as un-Islamic and directed
> the federal government to amend the relevant laws to replace the punishment
> of whipping with sticks within six months by making it bailable offence.

In
> case the government failed to amend the Hadd law, the punishment will cease
> to exist and become void, the judgment held.

Messages In This Thread

Drinking liqour is not Haram
Sidqi, Ca -- Wednesday, 22 February 2012, 5:50 pm
Drinking liquor is more than Haram
*Dr. Shabbir, Florida -- Thursday, 23 February 2012, 12:44 am
Re: Drinking liquor is more than Haram
Sidqi, Ca -- Thursday, 23 February 2012, 7:06 am
Drinking liquor is more than Haram
*Dr. Shabbir, Florida -- Thursday, 23 February 2012, 4:38 pm
Re: Drinking liqour is not Haram???
Khalil Khan Fakhtawala, Jamaica -- Thursday, 23 February 2012, 4:28 pm
Re: Drinking liqour is not Haram
Muhammad Rafi Karachi -- Friday, 24 February 2012, 4:52 pm