Subject: Fwd: Fwd: Drinking liqour is not Haram - Pakistan Federal Shariat Court
> 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.
> 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
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.
> case the government failed to amend the Hadd law, the punishment will cease
> to exist and become void, the judgment held.