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Xpert
07-11-2011, 12:50 AM
Q. Define Drinking When it is liable to Tazir under the prohibition ordinance 1997.(1998)(1995)(1993)
1.Introduction:
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.
(I)Essentials:
Following are the essential ingredients of sec. 6
(i)Intention:
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.


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.


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)Explanation:
(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.
(II)Punishment:
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.
(I)Confession:
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:


Witnesses must be male
They must be Muslim
They must be adult
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.
Exception:
He will not be guilty of drinking if he takes it as a part of a ceremony prescribed by his religion.
(iii)Non-Muslim:
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.