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1 Dr. 'Ali ibn Raashid ad-Dubayyan occupies the post of judge in the Saudi
Ministry of Justice and is editor-in-chief of Al-Adl journal.
Alcoholic Beverages: Legal Punishment and Detrimental Effects
All praise belongs to Allah alone, and may Allah's peace and
blessings be upon him after whom there is no other prophet.
Indeed, one of the scourges of the present time which has afflicted
and spread to numerous parts of the world is the widespread
consumption of intoxicants and the great skill and different techniques
employed in producing and marketing them so much so that a large
number of economies and businesses have been set up with a view to
exporting and marketing this 'pandemic' in the four corners of the
world. Notwithstanding the fact that the wise among world leaders,
scholars, doctors, researchers and counsellors have clearly delineated
the detrimental effects of these 'poisons' on the religious, social,
economic and health levels, people have regrettably demonstrated a
steady increase in addiction to them without taking heed of their
injurious effects or thinking about their serious consequences. In fact, a
quick look at the evil effects intoxicants are bound to bring upon those
addicted to them will reveal the wisdom behind Islam's strict
prohibition of consuming all forms of intoxicants altogether, its
institution of a severe punishment for those who consume them and its
warning against the serious consequences of this 'deadly poison' in this
life and in the hereafter. In the present paper, we shall look at this issue
in the light of the following points:
1. Alcohol and the wisdom behind its prohibition
2. Legal punishments for consuming alcohol
3. Deleterious effects of alcohol on those addicted to it
I. Alcohol
The Arabic word 'khamr' (alcohol) refers to anything that is bound to
cause intoxication whether it is made from grapes or from other fruits or
plants. In fact, it has been termed as such due to the fact that it 'covers',
'disturbs' and 'permeates' the mind.2
Muslim scholars are unanimously agreed that any kind of intoxicant,
no matter its source, is strictly prohibited; they are also unanimously
agreed that punishment is to be inflicted on anyone who becomes drunk
of his own volition by using any kind of intoxicants and that 'khamr'
when alcohol was forbidden. Their alcohol had been prepared from dry
dates or fresh dates when the announcer made the announcement. He
(i.e. Abu Talhah) said to me, 'Go out and find out [what the
announcement is]'. I went out [and found] an announcer making this
announcement: 'Behold, alcohol has been declared unlawful.' He said:
The liquor [was spilt and] flawed in the lanes of Madeenah. Abu Talhah
said to me, 'Go out and Spill it', and I did."11
These texts, they argue, make it clear beyond any shadow of doubt
that khamr refers to anything that causes intoxication, whether it is made
from grapes or other fruits or plants, that it refers to any substance
which disturbs the mind and that the Prophet's companions (may Allah
be pleased with them) desisted from drinking any intoxicants made
from ripe and unripe dates as soon as the divine command came down
to this effect. This confirms the fact that the word 'khmar', as they
understood it, included any type of intoxicant, whether it was made
from grapes or not, for this word in their language simply means any
substance which disturbs the mind, clouds it and veils it through
inebriety caused by any drink whatsoever. 12
Those who hold the view that 'khamr' refers to intoxicants made only
from grapes and that other intoxicants made from other than grapes is
not considered 'khamr' support their opinion by a report by 'Abdullah
ibn 'Abbaas (may Allah be pleased with him) in which he said, "Alcohol
(khamr) was prohibited specifically, and intoxication in every other
beverage [was also prohibited]."13 In this statement, Ibn 'Abbaas (may
Allah be pleased with him) clearly distinguishes between 'khamr' on the
one hand and intoxication made from other drinks, on the other; in other
words, 'khamr' is confined to any alcoholic beverage made from only
from the juice of grapes. Furthermore, the linguistic meaning of the
word 'khamr' confirms this fact, for it refers to nothing but the juice of
grapes when it is fermented. This meaning is also confirmed by Ibn
'Umar's statement in which he said, "Alcoholic drinks were prohibited
14 Reported by al-Bukhaaree; see Fath al-Baaree, Book of Beverages, 10/38. Another report
to this effect by Ibn 'Umar (may Allah be pleased with him) reads, "[The verse]
prohibiting alcoholic drinks was revealed when there were in Madeenah five kinds of
[alcoholic] drinks, none of which was produced from grapes." See Saheeh al-Bukhaaree,
Book of Tafseer, hadeeth no. 4616. [Translator's Note]
15 Fath al-Qadeer, 5/306. See Saheeh al-Bukhaaree, Book of Beverages, hadeeth no. 5580.
16 Lisaan al-'Arab, 4/254ff.
17 See Fath al-Baaree 'alaa Saheeh al-Bukhaaree, 10/48, Book of Beverages; and Saheeh Muslim,
no. 1199.
20This refers to a report whose isnaad (chain of transmitters) goes back to the Companion
only, not to the Prophet (peace and blessings be upon him). [Translator's Note]
21Bakr abu Zayd, Al-Hudood wat-Ta'zeeraat 'inda Ibn al-Qayyim, p. 256.
blessings be upon him]) defined the word utilising limits which include
all elements of intoxication thus: 'Every intoxicant is khamr'; indeed, such
definition has spared us a rather lengthy and wearing discussion on
analogical reasoning, and we have thus proved the impermissibility
through the text rather than through independent reasoning and
analogy."22
The advantage of the difference in opinion as to the definition of
whatever may be termed 'khamr' becomes evident regarding someone
who has drunk a certain amount of intoxicating drinks made from other
than the juice of grapes without getting intoxicated: Is it lawful to drink
it? If it is not permissible to drink it, would the person who drinks it be
subjected to the punishment prescribed for those guilty of drinking
alcoholic beverages? And if such punishment is not inflicted on him,
will he be considered sinful and be subjected to a discretionary
correction (ta'zeer) which is administered for offences for which the hadd,
or fixed punishment, has not been appointed, or not?23
3. He also says, "He (i.e. the Prophet [may Allah's peace and
blessings be upon him) commands them what is just and forbids them
what is evil; he allows them as lawful what is good [and pure] and
prohibits them from what is bad [and impure]." (Surat al-A'raaf, 7:157)
4. Abu Hurayrah (may Allah be pleased with him) narrated that
the Prophet (may Allah's peace and blessings be upon him) said, "When
an adulterer commits illegal sexual intercourse, then he is not a believer
at the time he is committing illicit sexual intercourse; when a thief steals,
he is not a believer at the time when he is stealing; and when someone
drinks an alcoholic beverage, then he is not a believer at the time of
drinking it."24
5. Ibn 'Abbaas (may Allah be pleased with him) narrated that
[Angel] Jibreel (peace be upon him) came to Allah's Messenger (may
Allah's peace and blessings be upon him) and said to him, "O
Muhammad, Allah has cursed wine, the person who makes it, the
person for whom it is pressed, the person who carries it, the person for
whom it is carried, the person who drinks it, the person who sells it, the
person who buys it, the person who serves it and the person for whom it
is served."25
6. Ibn 'Umar reported Allah's Messenger (may peace be upon him)
as saying, "Every intoxicant is Khamr and every intoxicant is forbidden;
he who drinks wine in this world and dies while he is addicted to it, not
having repented, will not be given a drink in the hereafter." 26
These and many other texts from the Qur'an and the Sunnah
conclusively state that wine and intoxicants in general are strictly
forbidden and that being addicted to them is undoubtedly one of the
major sins.
and hatred between Muslims and (2) they avert them from the
remembrance of Allah and from the prayer. This includes the harm
which comes as a result of lack of being in full possession of one's senses
and the absence of the benefit which can only be obtained when one is in
full possession of one's senses. Animosity and hatred come form the first
one, while aversion from the remembrance of Allah and the prayer
comes from the second."27
Ibn al-Qayyim (may Allah have mercy on him) points to the rather
substantial harm alcoholic drinks are bound to cause to the brain and
the mind thus: "Allah has never made a remedy for us in the root of all
evil (i.e. alcohol); for it causes detrimental effects on the brain which is
the central location of the mind according to doctors and many jurists
and theologians. During the course of talking about the acute diseases,
[Greek medical doctor] Hippocrates said, 'The effect of alcohol on the
head is detrimental indeed, for it is quick to affect it and, as a result, the
[four bodily] humours28 which rise over the body are negatively
affected; it also affects the brain.'"29
Sheikh Bakr Abu Zayd (may Allah have mercy on him) writes, "The
fact established by Ibn al-Qayyim (may Allah have mercy on him),
namely that alcohol does substantial harm to the brain, is regarded to be
unanimously agreed upon by medical doctors. As Professor Ismaa'eel al-
Khateeb points out in his book Intoxicants in the Light of Divine Laws,
'Medical doctors are unanimously agreed that the detrimental effects of
alcohol are numerous. Indeed, taking a small amount of alcohol will
certainly cause a great deal of harm to the brain; it particularly affects its
vital centres such as the memory.'"30
In fact, modern medicine has confirmed beyond any doubt the
numerous injurious effects of alcohol on the liver and the vital body
organs as well as on character, emotions and conduct.
31 Al-Istidhkaar, 9/19.
32 Maraatib al-Ijmaa', p. 133.
33 Al-Ifsaah, 2/426.
34 Al-Mughnee, 10/333.
35Fath al-Baaree 'alaa Saheeh al-Bukhaaree, 12/72.
36 Fath al-Baaree 'alaa Saheeh al-Bukhaaree, 12/72 and Nayl al-Awtaar¸7/150-151.
indeed, the Prophets' companions (may Allah be pleased with them) did
not disagree on this [fact]."37
Now that it has been established that the punishment for drinking
wine is a fixed punishment prescribed by the Sharee'ah (i.e. hadd),
scholars have expressed a difference of opinion as to the number of
lashes to be given to those guilty of drinking it. Two opinions are
expressed here:
1. First Opinion: The Prescribed Punishment for Drinking Wine
is Eighty Lashes
This was the view of the Hanafites38, the Maalikites39, one of the
views held by the Shaafi'ites40 and the adopted view amongst the
Hanbalites41 (may Allah have mercy upon them).
The evidence they put forth is that the Prophet's companions (may
Allah be pleased with them) reached the unanimous agreement during
the Caliphate 'Umar (may Allah be pleased with him) that eighty lashes
were to be given for drinking wine, and that no one amongst them came
up with a different opinion regarding this; thus this view is to be
adopted.42
Anas ibn Maalik (may Allah be pleased with him) narrated that a
man who had drunk wine was brought to Allah's Messenger (may
Allah's peace and blessings be upon him) and he gave him forty stripes
with palm branches stripped of their leaves. He said that Abu Bakr gave
forty lashes as well [for drinking], but when 'Umar [became the
Commander of the Faithful] he consulted people and 'Abd-ur-Rahmaan
[ibn 'Awf] said, "The mildest punishment [for drinking] is eighty
37 Zaad al-Ma'aad, 3/211. See also Fath al-Baaree, 12/72 and Bakr abu Zayd's Al-Hudood
wat-Ta'zeeraat 'inda Ibn al-Qayyim, p. 292ff.
38 Badaa'i' as-Sanaa'i', 7/57; Al-Binaayah Fee Sharh al-Hidaayah, 5/471; Fath al-Qadeer, 5/31;
43 Reported by Muslim, 3/1330, hadeeth no. 35, Book of the Punishment for Drinking Wine;
See also Fath al-Baaree 'alaa Saheeh al-Bukhaaree, 12/67.
44 Ibid.
45 Reported by Maalik in Al-Muwwatta', 2/842; and al-Bayhaqee in As-Sunan al-Kubraa,
8/321.
46 Al-Muhadh-dhab, 2/367; Rawdhat at-Taalibeen, 10/171; and Mughnee al-Muhtaaj, 4/189.
47 Al-Mughnee, 12/498; and Al-Insaaf, 10/230.
48 Majmoo' al-Fataawaa, 34/ 216.
49 I'laam al-Muwwaqqi'een, 1/220ff and Tahdheeb as-Sunan, 5/262-264.
50 Al-Muhadh-dhab, 2/367; Al-Mughnee, 12/499; and Mughnee al-Muhtaaj, 4/189.
Hudayn ibn al-Mundhir said, "I saw that Waleed was brought to
'Uthmaan ibn 'Affaan as he had offered two rak'ahs of the dawn prayer,
and then he said, 'I make an increase for you.' And two men bore
witness against him. One of them was Humraan who said that he had
drunk wine. The second one gave witness that he had seen him
vomiting. 'Uthmaan said, 'He would not have vomited [wine] unless he
had drunk it.' Then he said, 'Ali, stand up and lash him.' 'Ali said, 'Al-
Hasan, stand up and lash him.' Thereupon Al-Hasan said, 'Let him
suffer the heat [of Caliphate] who has enjoyed its coolness. ['Ali felt
annoyed at this remark] and he said, 'Abdullah ibn Ja'far, stand up and
flog him,' and he began to flog him and 'Ali counted the stripes until
these were forty. 'Ali then said, 'Stop now,' and then said, 'The Prophet
(may Allah's peace and blessings be upon him) gave forty stripes, and
Abu Bakr also gave forty stripes, and 'Umar gave eighty stripes, and all
these fall under the category of the Sunnah, but this one (i.e. forty
stripes) is dearer to me.'"51
The Preponderant View
It becomes clear from the forgoing arguments that the opinion which
has more in its favour is the second opinion, namely that the
punishment for drinking wine is forty lashes and that it is permissible to
increase this number to eighty lashes or more or less. Indeed, this is the
view adopted by researchers amongst Muslim scholars (may Allah have
mercy on them).
The fact that this is the preponderant view is based on the fact this
was the practice of the Prophet himself (may Allah's peace and blessings
be upon him). The opinion of those who oppose this view can be refuted
as follows:
1. Their opinion is based on the fact that the Prophet's companions
expressed unanimous agreement regarding the punishment for drinking
wine in that they determined it to be eighty lashes. This can be refuted
as follows:
a. This is against the practice of the Prophet (may Allah's peace and
blessings be upon him), and thus unanimous agreement cannot be
reached to contradict the Prophet's practice.
51 Reported by Muslim, 3/1331-1332, hadeeth no. 38, Book of the Punishment for Drinking
Wine. See also Fath al-Baaree 'alaa Saheeh al-Bukhaaree, 12/67.
b. 'Ali ibn abee Taalib (may Allah be pleased with him) inflicted
forty lashes on those guilty of drinking wine during the caliphate of
'Uthmaan (may Allah be pleased with him); therefore, if consensus of
opinion was really reached, 'Ali would not have contradicted it.
2. The claim that consensus of opinion was reached is unfounded
as some companions of the Prophet (may Allah's peace and blessings be
upon him) diverged from it; this can be supported by the
aforementioned practice of Abu Bakr and 'Ali (may Allah be pleased
with them).
3. The fact that 'Umar (may Allah be pleased with him) increased
the punishment for drinking to eighty lashes can be taken to be a form of
a ta'zeer punishment which the Muslim ruler or judge can fix to realise
public interest or a certain benefit.52
Imaam Ibn al-Qayyim (may Allah have mercy upon him) writes, "A
close look at these reports will reveal that forty lashes represents the
prescribed punishment (hadd) whereas the extra forty lashes represents a
form of discretionary correction (ta'zeer) agreed upon by the Prophet's
companions (may Allah be pleased with them all)…Indeed, 'Umar (may
Allah be pleased with him) resorted to having those guilty of drinking
alcohol banished and having their heads shaved off, and these are some
of the rulings which Muslim rulers generally decide upon."53
Punishment
An-Nasaa'ee and al-Haakim reported on the authority of 'Umar
(may Allah be pleased with him) who Said, "Allah's Messenger (may
Allah's peace and blessings be upon him) said, 'Whoever drinks wine
lash him; if he drinks it again lash him; and if he drinks it again lash
him; then if he drinks it again [for the fourth time] kill him.'" Al-Haakim
said about this hadeeth, "Its chain of transmitters (isnaad) is authentic
(Saheeh) given the conditions stipulated by al-Bukhaaree and Muslim in
the classification of Prophetic reports. Adh-Dhahabee expressed the
same opinion.54
52 Al-Mughnee, 12/499.
53 Zaad al-Ma'aad, 3/211.
54 See an-Nasaa'ee, 2/330; and Al-Haakim's Al-Mustadrak bi Hashiyat adh-Dhahabee, 4/371.
55 The entire text of the hadeeth Ibn al-Qayyim (may Allah have mercy upon him) refers
to here is reported by Al-Bukhaaree and Muslim and reads: "The blood of a Muslim
who confesses that none has the right to be worshipped but Allah and that I am His
Messenger cannot be shed except in three cases: in retribution for murder, a married
person who commits illegal sexual intercourse and the one who reverts from Islam
(i.e. becomes apostate) and leaves the Muslim [community]. [translator's Note]
56 Muhkam (perspicuous) is one whose meaning is absolutely clear and there is no need
drinkers] and so did Abu Bakr (may Allah be pleased with him).
Therefore, killing [a drinker] if he drinks for the fourth time [after
having been subjected to the lashing punishment] is not a prescribed
punishment (hadd) but rather a discretionary correction (ta'zeer) in
accordance with the public interest."58
Muslim jurists (may Allah have mercy on them) have mentioned
that the Muslim ruler [or judge] may resort to the discretionary
correction (ta'zeer punishment) in addition to the prescribed punishment
by imposing a number of other forms of punishments for certain
reasons. These punishments include the following:
a. Banishment: 'Abdur-Razzaaq writes in Al-Musannaf, "'Umar [ibn
al-Khattaab (may Allah be pleased with him)] banished Rabee'ah ibn
Umayyah ibn Khalaf for drinking wine to Khaybar, but the latter
followed [the religion of] Heraclius and embraced Christianity. [Upon
hearing this,] 'Umar said, 'I will never banish a Muslim after him.'" 59
Sheikh Bakr abu Zayd (may Allah have mercy upon him) writes, "Ibn
Qudaamah has taken Umar's statement, 'I will never banish a Muslim
after him' to mean that 'Umar deemed banishment necessary as a
punishment due to the trials and tribulations caused by Rabee'ah as a
result of drinking wine; thus banishment may be imposed depending on
the different individuals and circumstances…. 'Umar (may Allah be
pleased with him) resorted to banishment [as a punishment] for other
drinking offences."60 'Abdur-Razzaaq also reported in this regard,
"Whenever 'Umar ibn al-Khattaab (may Allah be pleased with him)
found a person drunk in [the month of] Ramadhaan, he would banish
him in addition to inflicting the prescribed punishment (hadd) on him."61
b. Shaving the head off: 'Abdu-Razzaaq mentions in al-Musannaf
that when 'Abdullaah ibn 'Amr ibn al-'Aas (may Allah be pleased with
him) was governor of Egypt, he inflicted the prescribed punishment
(hadd) on 'Abdur-Rahmaan ibn 'Umar (may Allah be pleased with him)
for drinking and then ordered that his head be shaved off. Ibn 'Abbaas
58 Tahdheeb as-Sunan, 6/238. For a detailed discussion of this particular point, see Fath al-
Baaree, 12/80; Al-Muhallaa, 11/368; and Al-Hudood wat-Ta'zeeraat 'inda Ibn al-Qayyim, p.
306ff.
59 Al-Musannaf, 9/230.
60 Al-Hudood wat-Ta'zeeraat 'inda Ibn al-Qayyim, pp. 312-322.
61 Al-Musannaf, 9/232.
Raa'ee war-Ra'iyyah.
caused by drinking alcohol. In this heart disease, the heart muscles, particularly the
right and left ventricles, enlarge and become flabby, reducing the heart’s blood-
pumping efficiency. This inefficiency reduces the flow of blood through the kidneys,
which normally filter excess salts and water out of the blood. Eventually the blood
volume rises, causing a potentially fatal backup of fluid in the lungs. [Translator's
Note]
69 Dyspnoea refers to difficulty in breathing or shortness of breath disproportionate of
small head, and poor muscle tone. Some babies exposed to alcohol during foetal
maturation develop foetal alcohol effect (FAE), which produces more subtle
symptoms, including behavioural problems, difficulty paying attention, or the
inability to think abstractly. [Translator's Note]
71 The adverse health effects alcohol may also include hepatitis, gastritis, ulcers and
bleeding, cancer, obesity, mouth, throat and oesophageal (gullet) cancers, pancreatitis
(inflammation of the pancreas), malnutrition (alcohol robs the body of B vitamins),
osteoporosis (thinning of the bones), cramps, tingling and weakness, chronic alteration
of brain and nerve function, testicular shrinkage and male breast enlargement,
elevated triglycerides, blood-clotting abnormalities, vitamin deficiencies, chronic skin
alterations, and of course death. [Translator's Note]
72 Depression is a mental illness in which a person experiences deep, unshakable sadness
and diminished interest in nearly all activities. People also use the term depression to
describe the temporary sadness, loneliness, or blues that everyone feels from time to
time. In contrast to normal sadness, severe depression, also called major depression,
can dramatically impair a person’s ability to function in social situations and at work.
People with major depression often have feelings of despair, hopelessness, and
worthlessness, as well as thoughts of committing suicide. [Translator's Note]
73 Psychosis is a mental illness in which a person loses contact with reality and has
difficulty functioning in daily life. Psychotic symptoms can indicate severe mental
illnesses, such as schizophrenia and bipolar disorder (manic-depressive illness).
[Translator's Note]
74 For example, a person experiencing an auditory hallucination might hear a voice
calling her or his name even though no one else is actually present. [Translator's Note]
75 Alcohol also affects the mood, as it causes an initial euphoria and aggression, then
anxiety, panic attacks and depression; it also affects the intellect by impeding the
drinker’s sense of judgment, leading to poor memory and loss of inhibitions. It also
affects e co-ordination, which results in increased risk of accidents and causes
In conclusion, we can say that the most detrimental effect alcohol can
have on the drinker is that it affects his religion by making him neglect
the prayer and fasting as well as the other religious duties; it also makes
him audacious enough to commit grave sins and forbidden acts and to
violate the inviolable as a result of the impairment of mental abilities,
judgment and memory, aggressiveness and sensuousness due to
addiction to this fatal pandemic.77 The severe punishment awaiting him
in the hereafter is far worse than this and is yet to come.
In a nutshell, we can say that a drinker is, as it were, 'an amputate
limb' in the Muslim community, a burden on other people and a slave to
his whims and desires who excessively commits forbidden acts,
deprives himself of worldly happiness, leads a miserable life as a result
of disobeying his Lord and committing ugly sins; he is bereft of
anything that may be of benefit to him and represents a great burden on
his family members, neighbours and all those around him. Almighty
Allah says, "But whoever turns away from My Message, surely for him
is a life narrowed down, and We shall raise him up blind on the Day of
Judgment." (Surat Taa-Haa, 20:124)
We pray to Allah to protect us and all Muslims from all forms of
adversities and to keep us away from committing evil acts.
All praise is to Allah, and may Allah's peace and blessings be upon
our Prophet Muhammad, his good family and all his noble companions.