The Proof of the Crime of Drinking Alcohol and Its Punishment in Islamic Jurisprudence

Abstract

Drinking alcohol is considered forbidden (Haram) in Islam, and there are prescribed punishments for those who consume it. The punishment for an individual who drinks alcohol is imposed when the crime is proven through proof, such as confession, testimony, or positive indications, including the smell of alcohol in the person's mouth, vomiting of alcohol, and evident intoxication. The application of punishment for drinking alcohol requires specific conditions and criteria. The alcohol used for punishment should be pure and without knots at the tip or in the middle. Its volume should be between the finger and the stick's thickness. The beating should not be too severe or too soft but moderate. The executor of the punishment should strike so that the hitting under the armpit remains unnoticed. The executor should also avoid striking the head, face, chest, abdomen, genitals, or any other area that could lead to death or organ damage. The purpose of the beating is not to kill or mutilate but to inflict pain. This discussion is significant because it aims to prevent individuals addicted to alcohol from consuming it and helps judges avoid mistakes in establishing proof of the crime of drinking alcohol. This study encompasses defining the prescribed punishment explaining the means of evidence for the crime of drinking alcohol, and discussing the criteria for its application to convicted individuals. The research methodology employed in this study is descriptive-analytical, and the content is derived from reputable jurisprudential sources of the four primary Islamic schools of thought.