(28) Chapter: Covering Faults of the Muslims

Abu Hurairah (May Allah bepleased with him) reported: A man who had drunk wine was brought to the Prophet (ﷺ) and he asked us to beat him; some struck him with their hands, some with their garments (making a whip) and some with their sandals. When he (the drunkard) had gone, some of the people said: "May Allah disgrace you!" He (the Prophet (ﷺ)) said, "Do not say so. Do not help the devil against him". [Al-Bukhari]. Commentary: To imprecate a Muslim virtually amounts to helping Satan against him, because the latter is avowed to mislead people and to expose man to humiliation in this world and the Hereafter. Such people who believe that no Hadd punishment is fixed for drinking take support from this Hadith. They hold that its punishment is discretionary which can be increased or decreased according to the circumstances. But other learned men who hold that its Hadd is forty stripes argue that the incident quoted in this Hadith relates to the period when its Hadd had not been fixed. When the Prophet (PBUH) ordered the punishment of forty stripes for it then it became its prescribed Hadd. Abu Bakr (May Allah be pleased with him) followed it during the period of his caliphate. `Umar (May Allah be pleased with him) also applied it in the early years of his caliphate but subsequently raised its punishment to eighty stripes. The `Ulama' who maintain the punishment of forty stripes contend that the original Hadd was forty stripes and the additional forty stripes comprised discretionary punishment for which the Head of a state has full authority. If he feels, he can add discretionary punishment to the Hadd. The nature of this additional punishment depends on his discretion. The latter opinion seems to be more correct that Hadd is fixed for drinking and its punishment is not based on discretion. The Hadd for it is forty stripes but this Hadd can be increased by adding discretionary punishment to it. Allah knows best.