Drinking Liable to Hadd | Hudood Laws

INTRODUCTION

The offences regarding drinking are covered in Prohibition (Enforcement of Hadd) Order, 1979. Drinking is the taking of any kind of intoxicant. Normally, drinking results in unconsciousness so it is prohibited in Islam.

RELEVANT PROVISIONS

Articles 6 to 13 of the Prohibition (Enforcement of Hadd) order, 1979 Cross Reference.
Article 203C of the Constitution of Pakistan 1973.

DEFINITION OF DRINKING

Under Article 6 of the Prohibition (Enforcement of Hadd) order, 1979;

Whoever intentionally and without ikrah or iztirar takes an intoxicant by any means whatsoever, whether such taking causes Intoxication or not, shall be guilty of drinking.

ESSENTIAL INGREDIENTS FOR DRINKING

Under Article 6 of the Prohibition (Enforcement of Hadd) order, 1979; the following are essential ingredients of Drinking.

1. INTOXICANT:

The word intoxicant implies any substance that results in unconsciousness The intoxicant is a substance that is declared an intoxicant by the Provincial Government in the Schedule. Following are the intoxicants that are included in the Schedule;

Bhang
Hashish
Opium
Coca leaf
Any drinking made from Indian Hemp Plant
Charas

2. THE INTOXICANT MUST BE TAKEN INTENTIONALLY:

It is necessary that the intoxicant must have been taken intentionally. When a person has been given an intoxicant, mixing it with his soft drink, without letting him know, he cannot be held liable for drinking.

3. INTOXICATION UNDER ‘IKRAH’ OR ‘IZTIRAR’:

Ikrah and Iztirar have been defined in the explanation of Article 6 of the Prohibition (Enforcement of Hadd) order, 1979; are as follows:

Ikrah: Ikrah means putting any person in fear of injury to the person, property, or honour of that person.

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

It is necessary that drinking should not have been committed under ikrah or iztrar. For example, without any force, compulsion or necessity.

4. DRINKING CAUSED INTOXICATION OR NOT:

In this Article, it is made clear that to constitute the charge of drinking, it is not necessary that the intoxicant causes intoxication or not. Just to possess an intoxicant is sufficient to hold the person liable for drinking.

5. MEANS OF GETTING INTOXICANT:

It is not necessary to describe the means of getting the intoxicant. It is sufficient to possess an intoxicant

KINDS OF DRINKING

Article 7 of the Prohibition (Enforcement of Hadd) Order, 1979; Article 7 of the Order says that there are two kinds of drinking.

A) Drinking liable to Hadd

B) Drinking liable to Ta’zir

A) DRINKING LIABLE TO HADD

Under Article 8 of the Prohibition (Enforcement of Hadd) order, 1979;

If an adult Muslim who takes intoxicating liquor by mouth is guilty of drinking liable to hadd.

Thus from the Article as mentioned above we may say that Hadd shall not be enforced until and unless it is proved that the offender is an adult Muslim.

1. PROOF OF DRINKING LIABLE TO HADD:

Under Article 9 of the Prohibition (Enforcement of Hadd) order, 1979;

Article 9 of the Order provides two ways in which drinking liable to Hadd may be proved.

Confession of the Convict Himself: If the convict himself confesses before the court of competent that he has committed the offence of drinking liable to Hadd, it is sufficient proof to hold him liable to the same.
Two Male Adult Muslim Witnesses: There must be two male adult Muslim witnesses for constituting the offence of drinking liable to Hadd. The court must be satisfied with the truthfulness of the witnesses having regard to the requirements of tazkiyah-al-shuhood.

Here tazkiyah-al-shuhood means an inquiry adopted by the court in order to satisfy itself regarding the credibility of the witness.

2. PUNISHMENT FOR DRINKING LIABLE TO HADD:

Article 8 of the Prohibition (Enforcement of Hadd) order, 1979; Where Article 8 informs that what is drinking liable to Hadd, it also lays down the punishment for the offence. It says that whoever commits drinking liable to hadd shall be punished with whipping numbering eighty strips. It is further said that punishment shall not be enforced until and unless such punishment is confirmed by the court to which an appeal from the order of conviction lies.

3. PUNISHMENT FOR ATTEMPT TO COMMIT:

Under Article 25 of the Prohibition (Enforcement of Hadd) order, 1979;

Whoever attempts to commit drinking is liable to hadd and does any act in such attempt towards the commission of the offence shall be punished with rigorous imprisonment for a term which may extend to two years.

4. CASES IN WHICH HADD SHALL NOT BE ENFORCED:

Article 10 provides that hadd shall not be enforced in the following two cases

Retraction of Convict: Where drinking liable to hadd has been proved only by the confession of the accused and he retracts his confession, in such case. hadd shall not be enforced and the court may order a retrial.

Any of the two Witnesses Resiles: Where drinking liable to hadd has been proved by the testimony of two male Muslim witnesses, and one of them resiles from his statement and the condition of the required number of witnesses for the proof of drinking liable to hadd cannot be satisfied by producing any other witness, in such case hadd shall not be enforced.

B) DRINKING LIABLE TO TAZIR:

Under Article 11 of the Prohibition (Enforcement of Hadd) order, 1979; Drinking shall be liable to tazir in the following cases,

1. Where the accused is a Muslim guilty of

- Drinking is not liable to hadd Under Article 8.
- Drinking is liable to hadd but for which required proof as provided in Article 9 is not available but the offence of drinking is proved by any other evidence on record

2. Where the accused being a Non-Muslim is a citizen of Pakistan guilty of drinking However an exception is also provided Under the same clause that a Non- Muslim may drink in religious ceremonies for which he shall not be guilty of drinking liable to tazir.

3. Where the accused being a Non-Muslim is not a citizen of Pakistan, however, drinks at public places shall be guilty of drinking liable to tazir.

1. PUNISHMENT FOR DRINKING LIABLE TO TAZIR:

Under Article 11 of the Prohibition (Enforcement of Hadd) order, 1979;

Whoever commits drinking liable to tazir shall be punished with

1. Imprisonment of either description for a term which may extend to three years.
2. With whipping not exceeds to thirty strips.
3. With both.

NO ARREST ON SUSPICION OF DRINKING

Article 12(1) puts restriction on a police officer that he shall not arrest or detain any person on suspicion unless such person has refused to go with him to an authorised medical officer for examination or after such examination such medical officer certifies that he has taken an intoxicant. Thus, mere suspicion of drinking does not authorise a police officer to arrest such a person.

ARREST WITHOUT MEDICAL EXAMINATION

Article 12(2) says that where a police officer arrests without medical examination of drunkard person, he shall be punished with

Imprisonment which may extend to six months
With a fine which may extend to five hundred rupees
With both.

CONCLUSION

To conclude that drinking is an offence that is prohibited in Quran because it renders unconsciousness. To possess any intoxicant is sufficient to constitute the charge of drinking.

FAQs

What is drinking liable to Hadd? What is the method of its proof and state the cases under which ‘Hadd’ shall not be enforced for drinking?

(2016-S)

What is the crime of drinking under the law? In what circumstances it is liable to Hadd and liable to Tazir? Discuss in detail.

(2015-A)

What is drinking liable to ‘Hadd’? Discuss the method of its proof and describe the cases under which ‘Hadd’ shall not be enforced.

(2010-S)

Define drinking. What are its main kinds? What Hadd punishments have been provided for it?