This page contains a Flash digital edition of a book.
24 I SPECIAL FEATURE Passion Islam I July 2008
in our works and in the chill of our cities.’ And if that was not enough, Ibn-e- consumption is haraam. However, there
He asked, ‘Does it intoxicate?’ ‘yes’ he Taymiyyah has further said: Whosoever is a difference of opinion as to what
replied. He said, ‘Give it up.’ I said, ‘Verily regards it lawful has become kafir (punishment) becomes incumbent by
the people can not give it up.’ He said, (Irreligious; ‘God forbid’). drugs; either hadd because it intoxicates
‘If they do not give it up, fight with them.’ The scholars of all four madhab’s or tazir (reprimand) because it corrupts
(Abu Dawood) unanimously agree that consuming the mind.
This Hadith explains to us the principle anything intoxicating is haraam, certain In addition, in his book Az-Zakheera he
cause of what is haraam. Chiefly, if it plants have also been included as Imam states hadd or tazir will be imposed.
intoxicates it is haraam. The very same Rafee’ clearly says that, ‘The scholars According to three prominent Imaams
reason and cause is to be found in have included intoxicating plants etc. (Imam Shafee’, Imam Malik and Imam
drugs. within the prohibition.’ Ahmad) consuming anything intoxicating
Some might say that all drugs do not So far the prohibition of drugs has been however small the amount will bring the
intoxicate, that drugs like heroin and proven by means of the Qur’aan, Sunnah legal punishment of 80 lashes to the
hashish are only depressants which and Ijmah (consensus of the ulama). person.
slackens and weakens the mind. The Its can further be proved by ‘Qiyaas’ However, in the Hanafi madhab in
answer to this is in the following Hadith: (deduction by analogy) i.e. logical Fatawa ‘Al-Khulasa lil-Hanafiyyah’ it is
It has been narrated by Umme-Salmah, reasoning. When a person is intoxicated stated:
she states: The Prophet prohibited every (or ‘stoned’ in street language) he does If an intoxicating amount has been taken
intoxicant and muftir (every substance not know what he is doing. He could then according to Imam Muhammad hadd
which slackens the mine). easily kill someone or fornicate etc. In the will be necessary and according to Imam
Imam Zarakshee notes in his kitab: same manner, to feed his habit, he will Abu Hanifah and Imam Abu Yusuf he will
The scholars have stated that muftir is most probably have to steal. These are, be reprimanded severely, but the hadd
everything that causes slackness. without a shadow of a doubt, unlawful. will not be imposed.
He then states: The Hadith (which has And there is a general rule that whatever Tazir (reprimand) is such a punishment
been mentioned above) particularly proves leads to something haraam (unlawful) is that holds no specific amount and it is for
the prohibition of hashish because if it is in itself haraam. Thus drugs have been the Judge to decide.
not regarded as an intoxicant if definitely proven as haraam by all four sources of Bear in mind that according to some
comes under the definition of ‘muftir’ jurisprudence (Qur’aan, Sunnah, Ijmah scholars, in certain cases, tazir could
(substance which causes drowsiness and and Qiyaas). prove to be more severe than the hadd
the weakening of the mind etc.). What is the legal punishment for itself e.g. When the person persistently
Moving on, the unanimity of the ummah consuming drugs? commits the crime.
on the prohibition of narcotics is also Imam Mawardee has stressed that by Conclusion:
narrated from many scholars. Imaam consuming plants, which cause over- Drugs are Haraam. It is necessary to
Zarakshee states: excitement (intoxication) ‘hadd’ (legal abstain from them. They ruin people’s
The consensus of the Ummah is narrated punishment i.e. 80 lashes) will become lives physically, mentally, morally and
from several scholars in the prohibition of necessary. spiritually. If anyone is involved with drugs
hashish; scholars include Qiraafi and ibn- Imam Qiraafi states that all the ulama they should stop immediately and seek
e-Taymiyyah. of this period have agreed that its help. May Allah help and protect us all.
Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32
Produced with Yudu -