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Khamr () is an Arabic word for wine or intoxicant. It is variously defined as
alcoholic beverage Drinks containing alcohol (drug), alcohol are typically divided into three classes—beers, wines, and Distilled beverage, spirits—with alcohol content typically between 3% and 50%. Drinks with less than 0.5% are sometimes considered Non-al ...
s,
wine Wine is an alcoholic drink made from Fermentation in winemaking, fermented fruit. Yeast in winemaking, Yeast consumes the sugar in the fruit and converts it to ethanol and carbon dioxide, releasing heat in the process. Wine is most often made f ...
or
liquor Liquor ( , sometimes hard liquor), spirits, distilled spirits, or spiritous liquor are alcoholic drinks produced by the distillation of grains, fruits, vegetables, or sugar that have already gone through ethanol fermentation, alcoholic ferm ...
. In
fiqh ''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh
Encyclopædia Britannica
''Fiqh'' is of ...
, it refers to certain forbidden substances, and its technical definition depends on the
madhhab A ''madhhab'' (, , pl. , ) refers to any school of thought within fiqh, Islamic jurisprudence. The major Sunni Islam, Sunni ''madhhab'' are Hanafi school, Hanafi, Maliki school, Maliki, Shafi'i school, Shafi'i and Hanbali school, Hanbali. They ...
or legal school. Most jurists, including those from the
Maliki The Maliki school or Malikism is one of the four major madhhab, schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas () in the 8th century. In contrast to the Ahl al-Hadith and Ahl al-Ra'y schools of thought, the ...
, Shafiʽi,
Hanbali The Hanbali school or Hanbalism is one of the four major schools of Islamic jurisprudence, belonging to the Ahl al-Hadith tradition within Sunni Islam. It is named after and based on the teachings of the 9th-century scholar, jurist and tradit ...
and
Ahl-i Hadith Ahl-i-Hadith or Ahl-e-Hadith (, ''people of hadith'') is a Salafi reform movement that emerged in North India in the mid-nineteenth century from the teachings of Syed Ahmad Barelvi, Sayyid Ahmad Shahid, Syed Nazeer Husain and Nawab Siddiq Has ...
legal schools, have traditionally viewed it as general term for any intoxicating beverage made from grapes, dates, and similar substances.
Hanafi The Hanafi school or Hanafism is the oldest and largest Madhhab, school of Islamic jurisprudence out of the four schools within Sunni Islam. It developed from the teachings of the Faqīh, jurist and theologian Abu Hanifa (), who systemised the ...
jurists restricted the term to a narrower range of beverages. Over time, some jurists classified other intoxicants, such as
opium Opium (also known as poppy tears, or Lachryma papaveris) is the dried latex obtained from the seed Capsule (fruit), capsules of the opium poppy ''Papaver somniferum''. Approximately 12 percent of opium is made up of the analgesic alkaloid mor ...
and
khat Khat (''Catha edulis''), also known as Bushman's tea, especially in South Africa, is a flowering plant native to eastern and southeastern Africa. It has a history of cultivation originating in the Harar area (present day eastern Ethiopia) and ...
, as ''khamr'', based on a
hadith Hadith is the Arabic word for a 'report' or an 'account f an event and refers to the Islamic oral tradition of anecdotes containing the purported words, actions, and the silent approvals of the Islamic prophet Muhammad or his immediate circle ...
attributed to
Muhammad Muhammad (8 June 632 CE) was an Arab religious and political leader and the founder of Islam. Muhammad in Islam, According to Islam, he was a prophet who was divinely inspired to preach and confirm the tawhid, monotheistic teachings of A ...
stating, "The Holy Prophet said: 'every intoxicant is khamr, and every intoxicant is forbidden.'" Other traditions attributed to Muhammad, however, indicated that khamr may be made from two plants, the
grapevine ''Vitis'' (grapevine) is a genus of 81 accepted species of vining plants in the flowering plant family Vitaceae. The genus consists of species predominantly from the Northern Hemisphere. It is economically important as the source of grapes, bot ...
and the
date palm ''Phoenix dactylifera'', commonly known as the date palm, is a flowering-plant species in the palm family Arecaceae, cultivated for its edible sweet #Fruits, fruit called dates. The species is widely cultivated across North Africa, northern A ...
. There are some
faqīh A ''faqīh'' (: ''fuqahāʾ'', ; : ‏‎) is an Islamic jurist, an expert in ''fiqh'', or Islamic jurisprudence and Islamic law. Definition Islamic jurisprudence or ''fiqh'' is the human understanding of Sharia, which is believed ...
s, particularly of the Hanafi school, who take the concept of khamr literally and forbid only grape-based (or date-based) alcoholic beverages, allowing those made with other fruits, grains, or honey. This is, however, a minority opinion. Historically, many Muslim elites consumed
alcohol Alcohol may refer to: Common uses * Alcohol (chemistry), a class of compounds * Ethanol, one of several alcohols, commonly known as alcohol in everyday life ** Alcohol (drug), intoxicant found in alcoholic beverages ** Alcoholic beverage, an alco ...
, encompassing the reign of the Umayyads, the
Abbasids The Abbasid Caliphate or Abbasid Empire (; ) was the third caliphate to succeed the Islamic prophet Muhammad. It was founded by a dynasty descended from Muhammad's uncle, Abbas ibn Abd al-Muttalib (566–653 CE), from whom the dynasty takes i ...
, Islamic Spain (
al-Andalus Al-Andalus () was the Muslim-ruled area of the Iberian Peninsula. The name refers to the different Muslim states that controlled these territories at various times between 711 and 1492. At its greatest geographical extent, it occupied most o ...
), and dynasties that ruled Egypt and the eastern, Persianate half of the Muslim world. Modern Islamic countries have low rates of alcohol consumption, and it is completely banned in several of them while strictly controlled in others (such as consumption being allowed only in private places or by non-Muslims). A minority of Muslims do drink and believe consuming alcohol is not
Qur'an The Quran, also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation directly from God ('' Allāh''). It is organized in 114 chapters (, ) which consist of individual verses ('). Besides ...
ically forbidden. Muslim-majority countries produce a variety of regional distilled beverages such as
arak (drink) Arak or araq (Arabic: عرق, is a distilled Levantine spirit of the anise drinks family. Composition Arak is traditionally made of grapes and aniseed (the seeds of the anise plant); when crushed, their oil provides arak with a slight licori ...
and
rakı Rakı, Türk Rakısı or Turkish Raki (, Turkish pronunciation: ) is an alcoholic beverage made of twice-distilled grape pomace and flavored with aniseed. It is a national drink of Turkey, although fewer than 17% of Turks drink alcohol. Among ...
. There is a long tradition of
viniculture Viticulture (, "vine-growing"), viniculture (, "wine-growing"), or winegrowing is the cultivation and harvesting of grapes. It is a branch of the science of horticulture. While the native territory of ''Vitis vinifera'', the common grape vine, ...
in the Middle East, particularly in Egypt (where it is legal) and in Iran (where it is banned).


Scriptural basis

Quranic verses that at least discourage alcohol include: According to a hadith where Imam Ahmad recorded what Abu Maysarah said, the verses came after requests by
Umar Umar ibn al-Khattab (; ), also spelled Omar, was the second Rashidun caliph, ruling from August 634 until his assassination in 644. He succeeded Abu Bakr () and is regarded as a senior companion and father-in-law of the Islamic prophet Mu ...
to Allah, to "Give us a clear ruling regarding Al-Khamr!" Many Muslims believe the verses were revealed over time in this order to gradually nudge Muslim converts away from drunkenness and towards total sobriety, as to ban alcohol abruptly would have been too harsh and impractical.


Punishment

The Quran does not prescribe a penalty for consuming alcohol. Among
hadith Hadith is the Arabic word for a 'report' or an 'account f an event and refers to the Islamic oral tradition of anecdotes containing the purported words, actions, and the silent approvals of the Islamic prophet Muhammad or his immediate circle ...
, the only reference for punishment comes from one by
Anas ibn Malik Anas ibn Mālik ibn Naḍr al-Khazrajī al-Anṣārī (; 612 712) was a companion of the Islamic prophet Muhammad. Finding the Truth in Judging the Companions, 1. 84-5; EI2, 1. 482 A. J. Wensinck J. Robson He was nicknamed Khadim al-Nabi for ...
(according to Murtaza Haider of '' Dawn.com'' in Pakistan), who is reported to have stated that Muhammad prescribed 40 lashes "administered with two palm branches ... for someone accused of consuming alcohol". Saudi Arabian scholar Saalih al-Munajjid also states that a hadith report narrated by
Sahih Muslim () is the second hadith collection of the Six Books of Sunni Islam. Compiled by Islamic scholar Muslim ibn al-Ḥajjāj () in the format, the work is valued by Sunnis, alongside , as the most important source for Islamic religion after the Q ...
(3281) from Anas reports that Muhammad flogged someone who had drunk wine with palm branches stripped of their leaves and with shoes.


Interpretation


All alcohol or only wine debate

Early caliphs distributed cooked wine (''tilā’'') to Muslim troops, as the cooking process caused the wine to be nonalcoholic. However, fermentation could resume in the amphorae, and Caliph ‘
Umar II Umar ibn Abd al-Aziz ibn Marwan (; February 720) was the eighth Umayyad caliph, ruling from 717 until his death in 720. He is credited to have instituted significant reforms to the Umayyad central government, by making it much more efficient and ...
had to prohibit drinking this beverage. Like the rationalist school of Islamic theology, the
Muʿtazila Mu'tazilism (, singular ) is an Islamic theological school that appeared in early Islamic history and flourished in Basra and Baghdad. Its adherents, the Mu'tazilites, were known for their neutrality in the dispute between Ali and his opponents ...
,Mutazilah
, ''
Encyclopaedia Britannica An encyclopedia is a reference work or compendium providing summaries of knowledge, either general or special, in a particular field or discipline. Encyclopedias are divided into article (publishing), articles or entries that are arranged Alp ...
''.
early Hanafi scholars upheld the unlawfulness of intoxication, but restricted its definition to fermented juice of grapes or grapes and dates. 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 Abu Hanifa (; September 699 CE – 767 CE) was a Muslim scholar, jurist, theologian, ascetic,Pakatchi, Ahmad and Umar, Suheyl, "Abū Ḥanīfa", in: ''Encyclopaedia Islamica'', Editors-in-Chief: Wilferd Madelung and, Farhad Daftary. and epony ...
and
Abu Yusuf Ya'qub ibn Ibrahim al-Ansari (), better known as Abu Yusuf () (729–798) was an Islamic jurist, as well as a student of Abu Hanifa (d.767) and Malik ibn Anas (d.795), who helped spread the influence of the Hanafi school of Islamic law, and w ...
, although all forms of grape alcohol were banned absolutely. 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 Umar ibn al-Khattab (; ), also spelled Omar, was the second Rashidun caliph, ruling from August 634 until his assassination in 644. He succeeded Abu Bakr () and is regarded as a senior companion and father-in-law of the Islamic prophet Mu ...
(''d.''644) and Abdullah ibn Masud (''c''.653).
Averroes Ibn Rushd (14 April 112611 December 1198), archaically Latinization of names, Latinized as Averroes, was an Arab Muslim polymath and Faqīh, jurist from Al-Andalus who wrote about many subjects, including philosophy, theology, medicine, astron ...
, the Muslim Andalusi
polymath A polymath or polyhistor is an individual whose knowledge spans many different subjects, known to draw on complex bodies of knowledge to solve specific problems. Polymaths often prefer a specific context in which to explain their knowledge, ...
and
jurist A jurist is a person with expert knowledge of law; someone who analyzes and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal education in law (a law degree) and often a Lawyer, legal prac ...
, explained it thus in his encyclopedia of comparative Islamic jurisprudence, 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"). # Intoxication from non-grape intoxicants (certainly prohibited from a religious-moral perspective, but may or may not qualify for criminal punishment). 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 Abū Muḥammad ʿAbd Allāh ibn Muslim ibn Qutayba al-Dīnawarī al-Marwazī better known simply as Ibn Qutaybah (; c. 828 – 13 November 889 CE/213 – 15 Rajab 276 AH) was an Islamic scholar of Persian people, Persian descent. He served as a q ...
's, " drunk is hewhose intellect has left him so he does not understand a little or much (anything at all)" to Ibn Nujaym’s, " drunk is he whodoes 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". However, from the 12th century, the Hanafi school embraced the general prohibition of all alcoholic beverages, in line with the other schools. 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. A man convicted of consuming alcohol was given 80 lashes in a public square in the Iranian city of Kashmar on 10 July 2018. In Pakistan the penal code, under "the Prohibition (Enforcement of Hadd) Order of 1979, awards 80 lashes to those convicted of consuming alcohol". In Saudi Arabia lashes "can also be part of the sentence" for consuming alcohol, according to the British Embassy. 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?" 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. In 2024, it was announced that Saudi Arabian law would allow Saudi diplomats to buy alcohol in Saudi Arabia for the first time after a 70-year ban.


See also


References


Notes


Citations

{{Alcohol and health Arabic words and phrases in Sharia Religion and alcohol