Case Details

Citation(s)
2010 SLG 2722 2010 SLD 2722 2010 PLD 191

Shariat Petition No. 2/I of 2006, decided on 28th May, 2009.
HAZIQUL KHAIRI, C.J., ALLAMA DR. FIDA MUHAMMAD KHAN, SALAHUDDIN MIRZA AND SYED AFZAL HAIDER, JJ

Dlr. MUHAMMAD ASLAM KHAKI

VS

FEDERATION OF PAKISTAN through Ministry of Justice and Parliamentary Affairs, Islamabad court

Law:

Section:

(a) Islamic Jurisprudence--- ----Prohibition of intoxicant drinks---Four specific Injunctions, regarding intoxicating drinks, which were gradually revealed detailed---Clear and decisive verdict is given on intoxicating drinks and gambling which have been equated with greatest sin like that of associating partners with God---Degree of prohibition of intoxicant drinks mentioned in Qur'anic Verses and Ahadith recorded. (b) Islamic Jurisprudence--- ---"Sin"-Meaning--Sin does not mean only "harm "---Muslims have been ordained to avoid sin in any form, whether open or secret. (c) Islamic Jurisprudence--- ----Prohibition of intoxicant drinks---Punishment---Hadd or Tazir---Whipping---Scope---"Khamr "---Literal meanings--- "Khamr" which was morally used for wine, literally means what obscures the intellect and thus it includes other intoxicant drinks made from wheat, barely, raisins and honey---Prohibition of wine was extended to all intoxicants in any form---Taking any intoxicant is a major sin in Islam and is, therefore, strictly prohibited-Islamic State was duty bound to enforce its prohibition and considering it a heinous offence inflict punishment by way of whipping or, in the alternative, imprisonment as provided by law---Whatever causes intoxication when used in large quantity was prohibited, even in a small quantity---If a large quantity of something caused intoxication, to drink even a palmful of it was prohibited---Court while convicting an accused is to take into consideration the overall condition of society at large, the quantity of intoxicant liquor (i.e. taking a sip or swallowing barrels), commission of other offences in drunk condition, like causing harassment in public, attempting to inflict damage to the persons/honour of other citizens, making nuisance, uttering abuses, using filthy language, being persistently habitual with previous history, causing collateral damage to the property or inflicting injury to some person, trespassing other's house, outraging modesty, committing rape and depending on the nature of proof required for Hadd/Tazir etc. award the punishment accordingly---Court could not remain oblivious to the overall attending circumstances…
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