DRINKING.

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INTRODUCTION.

It is a consumption of intoxicating liquor, whatever the quantity consumed which is described as a shrub(drinking) made punishable under Islamic law. The prohibition (enforcement of hadd) order iv of 1979 defines drinking and prescribes various penalties for it.

RELEVANT PROVISIONS.

Following are the relevant provisions regarding the concerned topics.

Section 6 to 11 of the prohibition (enforcement of hadd) order of 1979.

DRINKING U/SEC 6.

whoever intentionally and without ikrah or iztirar takes an intoxicant by any means shall be guilty of drinking.

Following are the essential ingredients of sec 6.

a person may be guilty of drinking only if he takes an intoxication intentionally.

Intoxication must be without any ikrah or iztirar.

According to the explanation of section 6, ikrah means putting any person in fear of injury to the person, property, or honor of that or any other person.

Iztirar means a situation in which a person is in the apprehension of death due to extreme hunger or thirst or serious illness.

KINDS OF DRINKING.

  • DRINKING LIABLE TO HADD.
  • DRINKING LIABLE TO TAZIR.

DRINKING LIABLE TO HADD UNDER SECTION 8.

If an adult Muslim takes an intoxicating liquor by mouth he shall be guilty of drinking liable to hadd.

Adult means a person who has attained the age of eighteen years of puberty.

Intoxicating liquor includes toddy spirits of wine, beer, and all liquids consisting of or containing of or containing alcohol normally used for purposes of intoxication but does not include a solid intoxicant even if liquefied.

Whoever guilty of drinking liable to hadd shall be punished with whipping numbering eighty stripes.

PROOF OF DRINKING LIABLE TO HADD UNDER SECTION 9.

Drinking liable to hadd shall be proved in any one of the following forms.

The accused makes before a court of competent jurisdiction a confess of the commission of the offense.

Drinking may also be proved by the evidence of at least two witnesses.

Witnesses must be male.

They must be adults.

The court must be satisfied with them having regard to the requirement of Tazkiyah-al-shahood (modes of inquiry adopted by a court to satisfy itself as to the credibility of a witness)that they are

  • truthful persons and
  • abstain from major sins.

DRINKING LIABLE TO TAZIR UNDER SECTION 11.

Drinking liable to Tazir is punishable with imprisonment of either description for a term which may extend to three years or with whipping not exceeding thirty stripes or with both.

PERSON LIABLE TO TAZIR. (MUSLIM).

A Muslim may be guilty of drinking liable to Tazir if the following conditions are fulfilled.

Drinking not liable to hadd u/sec 8 or for which proof in either of the forms mentioned in section 9. confession and evidence of two adult male Muslim witnesses is not available.

The court is satisfied that the offense stands proved by the evidence on the record.

A non-Muslim citizen of Pakistan who is guilty of drinking shall be liable to Tazir.

He will not be guilty of drinking if he takes it as a part of a ceremony prescribed by his religion.

A non-Muslim who is not a citizen of Pakistan shall be liable to Tazir if he is guilty of drinking at a public place.

Drinking is made punishable by the ordinance both as liable to hadd as well as Tazir. The section prescribes punishment for drinking liable to Tazir.

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