Prohibition of intoxicant drinks
Prohibition of intoxicant drinks legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Award of whipping eighty stripes as punishment to the one found guilty of "drinking" liable to "Hadd" when the requisite proof thereof was available before the court is not in conflict with Qur'an and Hadith.
Clear and decisive verdict is given on intoxicating drinks and gambling which have been equated with greatest sin like that of associating partners with God
Degree of prohibition of intoxicant drinks mentioned in Qur'anic Verses and Ahadith recorded.
"Khamr" which was morally used for wine, literally means what obscures the intellect and thus it includes other intoxicant drinks made from wheat, barely, raisins and honey
Prohibition of wine was extended to all intoxicants in any form
Taking any intoxicant is a major sin in Islam and is, therefore, strictly prohibited-Islamic State was duty bound to enforce its prohibition and considering it a heinous offence inflict punishment by way of whipping or, in the alternative, imprisonment as provided by law
Whatever causes intoxication when used in large quantity was prohibited, even in a small quantity
If a large quantity of something caused intoxication, to drink even a palmful of it was prohibited
Court while convicting an accused is to take into consideration the overall condition of society at large, the quantity of intoxicant liquor (i.e. taking a sip or swallowing barrels), commission of other offences in drunk condition, like causing harassment in public, attempting to inflict damage to the persons/honour of other citizens, making nuisance, uttering abuses, using filthy language, being persistently habitual with previous history, causing collateral damage to the property or inflicting injury to some person, trespassing other's house, outraging modesty, committing rape and depending on the nature of proof required for Hadd/Tazir etc. award the punishment accordingly
Court could not remain oblivious to the overall attending circumstances and is therefore, duty bound to consider all conditions and, if any offence was established beyond any doubt, award Hadd or Tazir punishment accordingly.
"Prohibition of intoxicant drinks", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124931633
Precedents & Case Laws citing "Prohibition of intoxicant drinks"
P L D 2010 Federal Shariat Court 191
Dlr. MUHAMMAD ASLAM KHAKI — petitioner Versus FEDERATION OF PAKISTAN through Ministry of Justice and Parliamentary Affairs, Islamabad — Respondent
Court: High Court1984 S C M R 750
RAHIM DAD‑Appellant Versus THE STATE Respondent
Court: High Court1984 S C M R 392
STATE-Appellant Versus ABDUL MAJID AND OTHERS-Respondents
Court: Shariat BeachP L D 1983 Supreme Court 66
MUHAMMAD ILYAS-Petitioner Versus THE STATE-Respondent
Court:1996 P C
MUHAMMAD ASLAM and another‑‑‑Petitioners Versus THE STATE‑‑‑Respondent
Court: Federal Shariat CourtP L D 1984 Federal Shariat Court 132
ABDUL RASHID‑Appellant Versus This STATE‑Respondent
Court: ‑ Art. 11‑Punjab Prohibition (Enforcement of Hadd) Rules, 1979, r. 5‑Doctor neither reporting symptoms as mentioned in r. 5 nor examining accused "with respect to presence of intoxicant in his breath or blood stream or stomach"‑Accused having permit for purchase of opium and an opium addict‑Fact regarding symptoms revealed by taking opium pills, creating doubt whether accused bad taken alcholic drink‑‑Accused at any time not seen by any one actually drinking alcholic intoxicant and suspicion arising against him of his loquacity and exuberant behaviour‑Accused given benefit of doubt and acquitted.‑‑Benefit of doubt.1984 S C M R 695
THE STATE-Appellant Versus ABDUL MAJID AND OTHERS-Respondents
Court: Shariat Bench2013 Y L R 1555
Haji AMANAT ALI — Appellant Versus The STATE — Respondent
Court: Federal Shariat CourtP L D 1981 F S C 245
NOSHER RUSTAM SIDHWA Petitioner Versus THE FEDERATION OF PAKISTAN-Respondent
Court: High Court