Fancy getting lashed?
OP - June 15, 2014, 02:03 PM
With regard to the punishment of the drinker in this world, the punishment is flogging, according to the consensus of the fuqaha’, because of the report narrated by Muslim (3281) from Anas (may Allaah be pleased with him), who said that the Prophet (peace and blessings of Allaah be upon him) flogged the one who had drunk wine with palm branches stripped of their leaves and with shoes.
But there is some difference of opinion as to the number of lashes. The majority of scholars are of the view that it is eighty lashes for a free man and forty for others.
They quoted as evidence the hadeeth of Anas quoted above, in which it says that a man who had drunk wine was brought to the Prophet (peace and blessings of Allaah be upon him), and he had him flogged forty times with two palm branches that had been stripped of their leaves. Abu Bakr also did likewise (during his caliphate). When ‘Umar was the caliph, he consulted the people and ‘Abd al-Rahmaan said, “The minimum punishment is eighty,” so that is what ‘Umar commanded.
The Sahaabah agreed with ‘Umar (may Allaah be pleased with him) and did not differ. The Council of Senior Scholars is agreed that the punishment for one who drinks wine is the hadd punishment, which is eighty lashes.
Some of the scholars – such as Ibn Quddamah (may Allaah have mercy on him) and Shaykh al-Islam [Ibn Taymiyah] in al-Ikhtiyaaraat – think that giving more than forty lashes is left to the discretion of the Muslim leader. So if he thinks that there is a need to give more than forty lashes, as happened at the time of ‘Umar, then he may make it eighty. And Allaah knows best.”
(See Tawdeeh al-Ahkaam, 5/330)