March 21, 2003	Friday	Muharram 17, 1424

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ISLAMABAD, March 20: A 15-member committee, constituted by the National Commission on the Status of Women (NCSW), has overwhelmingly agreed that the prescribed punishment of 80 stripes for drinking is not part of Quran and Sunnah.

According to sources, a majority of the members were also of the view that Prohibition (Enforcement of Hadd) Order, 1979, was the brain child of late Gen Ziaul Haq, and that it lacked justification.

In a recently held meeting on the Enforcement of Hadd, Justice M. Shaiq Usmani raised a question whether any punishment had been prescribed for drinking in Quran and Sunnah? Most of the members were of the opinion that no punishment had been prescribed in this regard. However, Syed Afzal Haider, a member, argued that the punishment, involving stripes, had been derived from Ijma.

Justice Usmani said, in an earlier discussion, Dr Faqir Hussain, secretary, Law and Justice Commission of Pakistan, had said during the time of Hazrat Muhammad (Peace be upon him), no particular punishment was prescribed for drinking, and, in fact, if a person was found drinking, he/she was slapped or confined to home.

Speaking on the occasion, Dr Faqir Hussain, who is also member of the committee, said the punishment for drinking was first prescribed during the time of Hazrat Umar.

Dr S.M. Zaman, another member, said it could be quoted from history that it was the Sahaba Karam who opted for Hadd punishment for drinking and, consequently, it was considered a part of Sunnah.

However, NCSW chairperson Justice Majida Rizvi and other members disagreed with Dr Zaman, and said traditions of Sahaba Karam could not be regarded as Sunnah.

Justice Usmani said appropriate punishment for drinking should be prescribed under Tazir because there was no justification to have Hadd punishment for the offence.

Dr Farida Ahmad, a member of the committee, was of the opinion that the Holy Prophet (Peace be upon him) did not prescribe Hadd punishment for drinking, but she could not quote any Hadith in this regard.

Justice Usmani said if a person was found drinking, he/she could be given any severe punishment other than Hadd, since it was not mentioned in Quran and Sunnah.

Justice Majida, agreeing with Justice Usmani, said the offence could be placed under Tazir. Dr Zaman said the punishment of Hadd for drinking was part of Sunnah, but he could not quote any Hadith to support his viewpoint.

However, he agreed that more research should be carried out on the issue. Ms Farida maintained that the Holy Prophet (Peace be upon him) had administered punishment of hitting a drunk person with a branch of date palm.