Drug addiction is one among the foremost dangerous disorders of contemporary civilization. infinite fortunate intellectuals, intellectuals, technicians and similar fortunate folks within the world are destroyed thanks to drinking alcohol. in step with World Health Organization statistics, seventy-six million folks around the world area unit littered with numerous diseases thanks to habit. in step with World Health Organization statistics, 3.5 p.c of all diseases and diseases within the world area unit alcoholic. thanks to alcoholism and drunkenness, solely 185 billion bucks area unit lost within the us each year. additionally to the concern of Islam, Islam has utterly controlled this terrible disorder by law. Allah said, 'O believers, for sure alcohol, gambling, idol-worshiping, harmful arrows area unit unclean. These area unit the actions of the devil. thus avoid it, that you just could prosper. "(Sura: Ma'ida, verse: 90)
Shariah provision of narcotics
According to Hanafi Majahab, narcotics area unit divided into 2 categories: one. Wine and intoxicants fabricated from dates, grapes and raisins 2 habituation made of different product or anything nevertheless these. the primary sort of habituation is prohibited - whether or not it's low or high, whether or not it's dependent or not. If anyone is found to be victimization it as proof from a witness, then the accountable folks can apply the sentence to the decision by the Shariat. The second sort of narcotics is that the law, it's ill-gotten to just accept them, whether or not they need to be dependent or not. however, if the narcotics area unit consumed as addicted to medicine, penalization are going to be applied by the Shariat. The lesser penalty won't apply if the lesser is accepted. in this case, the penalty isn't applicable, however, within the overall though, the judges are going to be given 'Tajir' or general unwarranted punishments. (Raddul Muir: 4/38)
The indication of being dependent is that the majority of the folks within the habituation become distorted and ridiculous.
Punishment for taking intoxicants
Whether an individual WHO drinks dates of dates, grapes, and raisins, are going to be whipped eighty times, whether or not he's intoxicated or not. excluding this, the one who consumes the number of addictive habituation made of different product or anything is going to be lynched even eighty times.
Narrated by Anas bin leader (ra), the Prophet (PBUH) smitten with date-pallets and shoes for the utilization of medicine. And Abu Bakr (ra) killed forty lashes. Then once Omar (ra) became a ruler, he was known as the folks, speech communication that a lot of folks were spreading water sources and within the rural areas. thus currently what does one say concerning the 'hood' of taking drugs? Then Abdur Rahman bin Auf (ra) aforementioned, "We area unit giving a lesser penalization to the folks below the threat." thus he determined to relinquish eighty lashes as penalization. (Abu Daud, Hadith: 4479)
In case of whipping, head and face can't be hit in sensitive places and cannot provide eighty rattles within the same place within the body, however rather in several places.
Penalties can't be applied whereas in medicine. instead of being traditional, penalization is going to be applied.
Penalty provisions and conditions
If 2 honest and honest male witnesses testify concerning abuse in court against anyone, then they choose are going to be needed to interrogate once and wherever to require medicine, deliberately or unnecessarily stressed. once confirmation, the sentence obligatory by the Shariat on the defendant person are going to be applied. A junkie will be obligatory on him by acceptive the drug within the condition of a healthy brain. (Fatwah Hindi: 2/159)
If the amount and condition of the witness aren't met, the sentence fastened by the 'Had' and therefore the Shariat won't be applied. However, if there's a powerful thought of victimization medicine nevertheless reliable, therein case, 'Taji' is going to be applied to the widely indefinable punishments. (Fatwah Usmani: 3/539)
The defendant person should be adult, knowledgeable and Muslim. The Islamic bar mentioned on kids, dumb, crazy and non-Muslim won't be applied.
Although non-Muslim medicine and business aren't prohibited, they're not allowed to drink and unfold wide. Therefore, if they violate the boundaries of their abuse, then 'Taji' or general non-scheduled penalization is obligatory. (At-Tashrayul Jinnah: 2/500)
Someone was found to be dependent, however, there was no proof of acceptance of narcotics, then the penalization won't be obligatory on him by the 'Had' and therefore the Shariat. Rather, in this case, 'Taji' (general) and general non-judgmental penalization are going to be obligatory. (Raddul Manhattan: 4/39)
Drug trade
It is taboo for Muslims to shop for alcohol, diacetylmorphine and different medicine. The traveler of Allah (peace be upon him) aforementioned, "Surely Allah has taboo the sale, purchase, and sale of it." (Musnad Abi Hanifa, Hassakafi's narration, Hadith: 35)
But whoever or within the house or within the stores of narcotics area unit found, however, the drinking has not been established, the penalization won't be obligatory on him by the 'Had' and therefore the Shari'ah. however in this case, 'Taji' is going to be applied to the widely indefinable punishments. below the thought of the pinnacle of the Muslim state, they will create a tough and severe penalization. (Khulshatul Fatwa: 3/39, Raddul Muir: 4/39)
Death penalty for drug taking
The sentence of a corporal punishment is explicit in a very hadith for the fourth time. The opinion of the students is that the provisions of this hadith are repealed. The Hadith is ascribed to Mu'awiyah (RA), he said, the traveler of Allah (peace be upon him) aforementioned, 'Whoever drinks alcohol, whip him. If he's drunk for the fourth time, then kill him. "(Abu Daud, Hadith: 4482, Tirmidhi, Hadith: 1444)
Imam Tirmidhi (RA) aforementioned within the clarification of the hadith, "I detected Muhammedan Bukhari (RA) speech communication," He aforementioned earlier, there was a provision for the corporal punishment, however, it had been later canceled. several Islamic lawyers believe that although the law is prohibited within the case of 'Had', however, if the Muslim head of state considers it best, it'll be ordered to execute death sentence as 'Tajir' for the destruction of narcotics. an insight of this, the President of the state are going to be given the death sentence for the widespread public welfare of drug dealers and drug addicts for the elimination of narcotics from the country. (Al Arfus Shaji: 3/136, At-Tashreeul Zaini: 1/688)
However, it should be remembered that this order ought to be for the advantage of the country and therefore the public, to not fancy its own interests. Besides, innocent and innocent folks aren't victims of injustice.
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