A Muslim consuming a glass of wine with a pork chop commits a more serious offence in eating pork; yet as there is no Quran or Hadith penalty for consuming pork, there is also none for alcohol consumption.
The question then is how did the penalty for alcohol consumption come about?
It occurred during the time of the second Caliph Umar b. al-Khattab. There was a companion of the Prophet (sahabi) who had fought on the Prophet’s side in his battles.
A heavy drinker, he would walk the streets of Madina drunk at night and loudly shout scandalous things about people. The inhabitants of Madina complained, and Umar formed a committee to decide what to do.
Imam Ali, based on the man having committed slander, suggested the penalty for slander, whose maximum penalty is 80 lashes.
Since that time, this has been considered the maximum penalty for alcohol consumption, based on utilising the Sharia concept of ta`zir (deterrence).
I disagree with this being the mandatory sentence for the offence of wine consumption, because it is the maximum sentence for another, separate offence – slander – albeit committed under the influence of alcohol.
Had the man just fallen on the street in a stupor and suffered a terrible hangover without having hurt anyone, no punishment would have been established.
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3:45 AM
Moderate Islamist here
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