" The hadd is imposed for drinking wine even if it does not make the man intoxicated. Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off." Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."
He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that." Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. I think he also said: "And AbuBakr gave forty lashes, and Uthman eighty. The Prophet (peace be upon him) gave forty lashes. When he reached (struck) forty (lashes), he said: It is sufficient. He took a whip and struck him with it while Ali was counting.
So Ali said to Abdullah ibn Ja'far: Inflict the prescribed punishment on him. Ali said to al-Hasan: Inflict the prescribed punishment on him.Īl-Hasan said: He who has enjoyed its pleasure should also bear its burden. He said to Ali: Inflict the prescribed punishment on him. Uthman said: He could not vomit it, unless he did not drink it. One of them testified that he had seen him drinking wine, and the other testified that he had seen him vomiting it. Humran and another man bore witness against him (for drinking wine). Hudayn ibn al-Mundhir ar-Ruqashi, who was AbuSasan, said: I was present with Uthman ibn Affan when al-Walid ibn Uqbah was brought to him. He (Hadrat 'Ali) said: Stop now, and then said: Allah's Apostle (may peace be upon him) gave forty stripes, and Abu Bakr also gave forty stripes, and Umar gave eighty stripes, and all these fall under the category of the Sunnab, but this one (forty stripes) is dearer to me. Ja'far, stand up and flog him, and he began to flog him and 'Ali counted the stripes until these were forty. ('Ali felt annoyed at this remark) and he said: 'Abdullah b. Thereupon Hasan said: Let him suffer the heat (of Caliphate) who has enjoyed its coolness. Uthman said: He would not have vomited (wine) unless he had drunk it. The second one gave witness that he had seen him vomiting. One of them was Humran who said that he had drunk wine. 'Affan as he had prayed two rak'ahs of the dawn prayer, and then he said: I make an increase for you. al-Mundhir Abu Sasan reported: I saw that Walid was brought to Uthmin b. A reading of the relevant surahs, hadith and tafsir texts show this claim to be in error. Several critics of Islam have claimed that alcohol is a permitted substance. Defensive Fighting Permitted then Mandated
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