All alcohol or only wine debate
Early caliphs distributed cooked wine (tilā’) to Muslim troops, considering that it was no longer intoxicating. However, fermentation could resume in the amphorae, and Caliph ‘Umar II had to prohibit drinking this beverage.[18]
Like the rationalist school of Islamic theology, the Muʿtazila,[19] early Hanafi scholars upheld the unlawfulness of intoxication, but restricted its definition to fermented juice of grapes[20] or grapes and dates.[21] As a result, alcohol derived by means of honey, barley, wheat and millet such as beer, whisky or vodka was permitted according to some minor faction of followers of Abu Hanifa and Abu Yusuf, although all forms of grape alcohol were banned absolutely.[22] This was in stark contrast to other schools of fiqh, which prohibit consumption of alcohol in all its forms, though Hanafis traced their view on intoxicants back to Umar (d.644) and Abdullah ibn Masud (c.653).[23][need quotation to verify]
Averroes, the Muslim Andalusi[24] polymath and jurist, explained it thus in his encyclopedia of comparative Islamic jurisprudence,
In their argument by way of reasoning they said that the Koran has explicitly laid down that the Illa (underlying cause) of prohibition of khamr is that it prevents the remembrance of God and breeds enmity and hatred…[this is] found only in a certain quantity of the intoxicating liquor not in what is less than that; it follows therefore that only this quantity be prohibited.[25]
This justification applies to use of alcohol in medicines, hygiene, perfumes etc. according to Hanafi school of thought and so this distinction between the legal status of wine and non-grape alcoholic beverages was reflected in early Hanafi legal doctrine. Hanafi jurists delineated drinking-related offences into two categories:
- Drinking grape-derived wine (punishment applicable on drinking "even a drop").[26]
- Intoxication from non-grape intoxicants (certainly prohibited from a religious-moral perspective, but may or may not qualify for criminal punishment).[27][need quotation to verify]
Since the second category of punishment was specific to the Hanafis (other schools punish drinking regardless of intoxication), they had to come with a legal definition of drunkenness. These definitions ranged from Ibn Qutaybah's, "[a drunk is he] whose intellect has left him so he does not understand a little or much (anything at all)" to Ibn Nujaym’s, "[a drunk is he who] does not know (the difference) between a man and a woman or the earth from the sky". Hanafi understanding of Shariah not only permitted adherents to indulge in alcoholic beverages but they could do so up to a near point of total "annihilation".[28]
However, from the 12th century, the Hanafi school embraced the general prohibition of all alcoholic beverages, in line with the other schools.[29]
Alcohol derived from honey, wheat, barley or corn is haram when used as an intoxicant, in an amount that intoxicates. But, if not used in any such manner, and intended to use for medical purpose, hygiene, perfume, etc., then it would be permissible.
Of punishment
According to scholar Muhammad Al-Munajjid of Saudi Arabia, the consensus of classical fuqaha’ for the punishment for consumption of alcohol is flogging, but scholars differ as to the number of lashes to be administered to the drinker, "the majority of scholars are of the view that it is eighty lashes for a free man" and forty for slaves and women.[30] A man convicted of consuming alcohol was given 80 lashes in a public square in the Iranian city of Kashmar on 10 July 2018.[31] In Pakistan the penal code, under "the Prohibition (Enforcement of Hadd) Order of 1979, awards 80 lashes to those convicted of consuming alcohol".[16] In Saudi Arabia lashes "can also be part of the sentence" for consuming alcohol, according to the British Embassy.[32] However, according to Murtaza Haider of Dawn.com in Pakistan, "a consensus (ijmāʿ) on how to deal with alcohol has eluded Muslim jurists for more than a millennium". The "Maliki, Hanbali, and Hanafi schools" of Islamic jurisprudence consider 80 lashes to be lawful punishment, the Shafi’i school calls for 40 lashes. "The Hadith does not cover the matter in sufficient detail. ... Is it 40 or 80 lashes? Can one substitute palm branches with a cane or leather whips? What constitutes as proof for consumption?"[16]
UAE Residents can drink alcohol at home and in licensed venues. Liquor licences are still required for Residents in Dubai but are no longer required for Residents in Abu Dhabi and other Emirates (save for Emirate of Sharjah) to purchase alcohol for personal consumption.