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08-25-2011, 07:49 PM
Q. Define Drinking When it is liable to Tazir under the prohibition ordinance 1997.(1998)(1995)(1993)
It is a consumption of intoxicating liquor, whatever the quantity consumed, which s described as shrub (drinking) and made punishable under Islamic law. The prohibition(Enforcement of Hadd) order Iv of 1979. Defines drinking and prescribes various penalties for it.
2.Relevant Provisions:
Following are the relevant provisions regarding the concerned topic.
Section 6 to 11 of the prohibition (Enforcement of Hadd)order of 1997.
3.Drinking U/Sec 6:
Whoever intentionally and without Ikrah or Lztirar 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.
(ii)Without Ikrah or Iztirar:
Intoxication must be without any ikrah or iztirar.
a. Meaning of Ikrah:
According to explanation of sec. 6, Ikrah means putting any person in fear of injury to the person. Property or honour of that or any other person.
b. Meaning of Iztirar:
Iztirar means a situation in which a person is in apprehension of death due to extreme hunger or thirsty or serious illness.
4.Kinds Of Drinking U/Sec 7:
There are two liable to Hadd.
(i) Drinking liable to Hadd.
(ii) Drinking liable to Tazir.
5. Drinking Liable To Hadd U/Sec 8:
If an adult Muslim takes an intoxicating liquor by mouth he shall be guilty of drinking liable to hadd.
(i) Adult u/sec 2(a):
Adult means a person who has attained the age of eighteen years of puberty.
(ii)Intoxicating Liquor U/sec2(g):
Intoxicating liquor includes toddy spirits of wine, beer and all liquids consisting of or containing alcohol normally used for purposes of intoxication but dose not include a solid intoxication even if liquefied.
Whoever guilty of drinking liable to hadd shall be punished with whipping numbering eighty stripes.
6. Proof Of Drinking Liable To Hadd U/Sec 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 confession of the commission of the offence.
(II)By Evidence Of Witnesses:
Drinking may also be proved by the evidence of at-least two witnesses.
(i) Requirements Regarding Witnesses:
a. Witnesses must be male
b. They must be Muslim
c. They must be adult
d. The court must be satisfied about them having regard to the requirements of tazkiya-al-shahood(Modes of Inquiry adopted by a court to satisfy itself as to the credibility of a witness)that they are
Truthful person and
Abstain from major sins
7. Drinking Liable To Tazir U/Sec 11:
Drinking liable to tazir 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.
(I)Persons Liable To Tazir:
(i) Muslim:
A Muslim may be guilty of drinking liable to Tazir, if following conditions are fulfilled,
a. Drinking not liable to hadd u/sec 8 or for which proof in either of the forms mentioned in section 9 i.e confession and evidence of two adult male Muslim witnesses, is not available.
b. The court is satisfied that the evidence on the record.
(ii)Non-Muslim Citizen Of Pakistan:
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 gyilty of drinking at public place.
8. Conclusion:
To conclude, I say , that the drinking is made punishable by the ordinance, both as liable to hadd as well as tazir. Section 8 prescribes punishment for drinking liable to tazir.