After War: Afghanistan
Consuming pork is sinful and forbidden in Islam. However, Islamic law does not prescribe whipping or incarceration to those who consume pork. The religious doctrine may prohibit certain behaviours and consider them sins. This does not make those acts a crime. The Supreme Court of Pakistan has taken up the task of determining if the physical punishment prescribed for the use of alcohol under the Prohibition Enforcement alcolismo in Afganistan Hadd Order of is Islamic. Earlier, the Federal Sharia Court declared that the current punishment for consuming alcohol is un-Islamic.
This landmark case will open the much-needed debate on the difference between sin and crime in Pakistan. Since alcolismo in Afganistan mid-seventies, Muslims across the globe have faced violent political movements that used religion to further their political causes. Such movements have emerged as revolutions Alcolismo in Afganistanmilitary coups Pakistanand rebellions Egyptand ultimately radicalised the respective societies. The perpetrators behind these political movements used Islamisation alcolismo in Afganistan the smokescreen to advance their political agendas.
Harsh punishments were introduced into the legal systems, using religion as justification. Explore: Alcohol in Pakistan: The prohibition alcolismo in Afganistan after.
A systematic review of all these politicised legal alcolismo in Afganistan is now in order. The Law should deal only with crime alcolismo in Afganistan leave sin alcolismo in Afganistan a matter between man and his Maker.
Alcohol consumption is a crime in Pakistan and several other Muslim countries. The Pakistan penal code, under the Prohibition Enforcement of Had Order ofawards 80 lashes alcolismo in Afganistan those convicted of consuming alcohol. This raises several concerns. Muslim jurists and theologians document sufficient evidence to confirm alcohol consumption, like usury or pork, is forbidden. However, the evidence to suggest that alcohol consumption is a punishable crime is not without controversy.
A consensus Ijma on how to deal with alcohol has eluded Alcolismo in Afganistan jurists for more than a millennium. Under the Islamic law, the definition of a crime and its punishment originate either as Hadd defined explicitly in Quran or the Sunnah or as Tazeerwhich are discretionary alcolismo in Afganistan awarded by the jurist Qazi.
The former military dictator, late General Ziaul Haq, set out to revise the legal frameworks in Pakistan. Alcolismo in Afganistan was motivated to enforce his personal views about religion on the rest of the society. His regime introduced laws that blurred the line between sin and crime. He criminalised certain behaviours that for centuries, had remained outside the domain of legal frameworks. The dictator willfully and deliberately committed high treason by suspending the Constitution of Pakistan.
It served his interests to criminalise the rest of the society so that he may enjoy immunity from high treason, which he continued to commit for 11 years until his death in alcolismo in Afganistan At present, consuming alcohol is punishable by 80 lashes in Pakistan. The popular discourse and the commonly held belief in Pakistan is that this punishment is based on religious injunctions, which enjoy consensus Ijma.
This may not be true. These punishments are more in line with the Hanbali school of thought, which is followed in Saudi Arabia. The Noble Quran addresses alcolismo in Afganistan consumption at five different instances.
In certain verses, the Quran prohibits alcohol khamr consumption. There is, however, the fact that Quran does not prescribe a penalty for consuming alcohol. The only reference for such a punishment during the life of the Holy Prophet PBUH is a Hadith by Anas Bin Malik, who recalled that the Prophet prescribed 40 lashes for someone accused of consuming alcohol.
The 40 stripes were administered with two palm branches. Still, many jurists do not consider this reference a strong precedent to treat alcohol consumption under Hudood. Historians have documented the controversy of 40 or 80 lashes that lasted for some time.
Since the Islamic legal traditions did not provide for formal prosecutors, investigators, and other officials needed to investigate an allegation; the Qazi exercised significant discretion in settling disputes.
This raises certain interesting concerns related to prosecuting those accused of consuming alcohol. Given the alcolismo in Afganistan of reliable examples from the Sunnah regarding alcohol consumption, Muslim jurists developed much of the legal frameworks centuries later.
For instance, what constitutes as proof for alcohol consumption? Then there is the question of possession of alcohol. Is it a crime to possess alcohol? Some Muslim countries consider it so and award physical punishment for possession.
Imam Abu Hanifa had an interesting take on this matter:. He argued that if a person were to be punished for possession of alcohol, they might as well be punished for fornication in alcolismo in Afganistan of possessing sex organs.
Is it 40 or 80 lashes? Can one substitute palm branches with a can or leather whips? What constitutes as proof for consumption? These are not trivial matters. But the Hudood laws in Pakistan paid no attention to these details. The controversy is not about prohibition, but about how to enforce it.
The Noble Quran is silent on this matter and the Hadith does not cover the matter in sufficient detail. This makes a strong case of saying that alcohol consumption may not be dealt under Hudoodbecause no fixed punishments have alcolismo in Afganistan prescribed in either the Quran or the Sunnah.
The purpose of this piece is not to advocate abolishing all regulations regarding the sale and consumption of alcohol. Even western countries, where consuming alcohol is alcolismo in Afganistan, the sale and consumption of alcohol is strictly regulated. In Canada, serving alcohol at public places without a permit carries a hefty fine. In the United States, it is illegal to serve alcohol to persons under 21 years of age.
It is also not the purpose of this piece to downplay the harmful impacts of alcohol consumption on a society. Inalcolismo in Afganistan, people were killed in traffic accidents alcolismo in Afganistan by alcohol-impaired individuals in the United States alone. This accounts for almost one in alcolismo in Afganistan traffic-related deaths in the United States, where the police arrested over 1.
Inthe British Medical Association revealed that alcohol was a factor in per cent of homicides, 75 per cent of alcolismo in Afganistan, and 50 per cent of fights and domestic assaults. Look through: Alcohol, jihad and a broken heart.
The purpose of this article is to raise awareness about the legal and historic constructs that should inform prohibition laws in Alcolismo in Afganistan. The Hudood Ordinance made alcohol consumption a crime. That was not the case before. The result is that low-income consumers are forced to consume inexpensive harmful moonshine while the well-off freely obtain imported alcohol. The consumption of alcohol in Pakistan and its abuse has not declined since prohibition, though given the substitution of commercially produced alcohol with moonshine, incidents of alcohol-poisoning did rise significantly.
At the same time, the Hudood alcolismo in Afganistan convicted mostly low-income individuals who lacked the means to mount a legal defense. Such discrimination against the poor can be addressed if alcohol consumption is regulated rather than criminalised. The views expressed by this writer and commenters below do not necessarily reflect alcolismo in Afganistan views and policies of the Dawn Media Alcolismo in Afganistan.
This is awesome. I really hope no one gets punished. The time of prophet pbuh people would drink but they wouldn't be punished instead they would slowly come towards religion.
Pakistan has more pressing issues to take care of Additionally, this has made binge drinking and drunkenness a bigger issue as people go crazy when they get access to alcohol. Regulation is key, as it will control the abuse as well as smuggling of alcohol.
However, the government and its crooked politicians may want to maintain status quo in order to maintain the lucrative and thriving business of illegal import and sale of alcohol! The scary part is that most probably we WILL do the wrong thing under coercion of religious bigots and the alcolismo in Afganistan will suffer alcolismo in Afganistan because it will never get undone. When law itself provides loophole, its implementation is always going to be a problem. Current law allows to brew alcohol, allows buying and consumption for non muslims - loophole used and abused by all Muslims!
Law alcolismo in Afganistan the land should be meant for all to make an impact. Current law and its enforcement has failed. According to the world statistics about alcohol consumption, Pakistan is rated as one of the top alcohol consuming nations!
Strangest of strange! Well said, indeed: "The Law should deal only with crime and leave alcolismo in Afganistan as a matter between man and his Maker. The county I live in USA is a dry county, which means no alcohol salesthere are no bars, no restaurants can sell alcohol. If you get caught drinking you can go to jail or pay a fine.
Its a felony. I think only thing to be reconsidered is about the punishment and not the ban. Why the writer is trying to confuse people? If it is not allowed, it should be a crime right? When you are drinking, you are hurting yourself. So why it is a sin only and not a crime? Saeed - I just checked wiki and alhamdulillah Pakistan is at the bottom in terms of alcohol consumption. Saeed alcolismo in Afganistan are u do surprised. Any thing that involves money.
We are number one.