Ala-Maududi
(5:90) Believers! Intoxicants, games of chance, idolatrous sacrifices at altars, and divining
arrows[108] are all abominations, the handiwork of Satan. So turn wholly away from it
that you may attain to true success.[109]
108.For ‘altars’ and divination by arrows see (Surah Al-Aaraf, ayat 7) note 28 and (Surah Al-Maidah, ayat 3)note 14 above.
While divination by arrow-shooting essentially constitutes a game of chance there is
nevertheless a certain difference between the two, since divination by arrow-shooting, in
addition to being a game of chance, is also tainted with polytheistic beliefs and superstitions.
As for games of chance, this expression is applied to those games and acts in which accidental
factors are considered the criteria for acquisition, fortune-making and the division of goods
and property.
109. In this verse four things are categorically prohibited:
(1) intoxicants;
(2) games of chance;
(3) places consecrated for the worship of anyone else besides God, and altars for either
sacrifices or offerings in the name of others than God; and
(4) polytheistic divination by arrow-shooting.
The last three items have already been explained. See (Surah Al-Baqarah, ayat 219) note 235
and (Surah Al-Maidah, ayat 3) note 14.
Two injunctions had already been revealed concerning the prohibition of intoxicants See (Surah Al-Baqarah, ayat 219) and (Surah An-Nisa, ayat 43). Before the
revelation of the last injunction, the Prophet (peace be on him) had warned the people that
intoxicants were highly displeasing to God. Hinting at the possibility of their being
prohibited, he advised people to dispose of intoxicants if they had any. A little later on the
present verse was revealed and the Prophet (peace be on him) then proclaimed that those who had
intoxicants should neither consume nor sell them, but rather destroy them. Intoxicating liquors
were poured into the streets of Madina. When asked if such liquor might be offered to the Jews
as a gift the Prophet (peace be on him) replied in the negative and said: ‘He Who has prohibited
it has also required it not to be given away as a gift.’ Some people inquired whether it was
permitted to make vinegar out of such liquor. The Prophet (peace be on him) told them not to do
so, but to throw it away instead. Another person asked insistently whether or not an intoxicant
could be used as medicine. The Prophet (peace be on him) replied that far from being a remedy
for any malady it was in itself a malady. Others sought permission to consume intoxicating
liquor on the plea that they lived in a very cold region and had to work very hard, and that the
people of that region habitually drank intoxicants to combat exhaustion and cold. The Prophet
(peace be on him) inquired if the drink concerned did cause intoxication. On being told that it
did, he said that they should abstain from it. They pointed out that the people of their region
would not accept this, to which the Prophet (peace be on him) replied that they should fight
them.
It is reported by ‘Abd Allah Ibn ‘Umar that the Prophet (peace be on him) said: God has cursed
khamr (wine) and him who drinks it, him who provides it to others and him who buys or sells it,
him who squeezes (the grapes) into wine and him who causes others to squeeze grapes (in order to
make wine), him who carries it and him to whom it is carried.’ (See Ahmad b. Hanbal, Musnad,
vol. 2, p. 97; vol. 1, p. 316; Abu Da’ud, ‘Ashribah’, 2 – Ed.)
According to another tradition the Prophet (peace be on him) instructed not to eat at the table
where intoxicating drinks were being taken. In the beginning the Prophet (peace be on him) even
forbade the use of vessels in which intoxicating drinks had either been made or served. Later
on, when the prohibition of drinks was completely observed the Prophet (peace be on him)
withdrew the interdiction regarding the use of these vessels. (See Abu Da’ud, ‘At’imah’, 18;
Tirmidhi, Adab’, 43; Darimi, ‘Ashribah’, 15; Ahmad b. Hanbal, Musnad, vol. 1, p. 20; vol. 3, p.
339 – Ed.) Though the word khamr in Arabic means literally ‘the drink made from grapes’, it was
also used figuratively for intoxicating liquors made from wheat, barley, raisins, dates and
honey. The Prophet (peace be on him) applied the prohibition of wine to all intoxicants. In this
regard we find categorical statements from the Prophet (peace be on him) embodied in traditions:
‘Every intoxicant is khamr, and every intoxicant is prohibited.’
Every drink which causes intoxication is prohibited.’ ‘I forbid everything which intoxicates.’
In a Friday sermon ‘Umar defined khamr in the following manner: ‘Whatever takes hold of the mind
is khamr.’ (See Bukhari, ‘Wudu”, 71; Maghazi’, 60, ‘Ashribah’, 4,10, ‘Adab’, 8, ‘Ahkam’, 22;
Muslim, ‘Ashribah’, 67-9; Abu Da’ud, ‘Ashribah’, 5, 71; Ibn Majah, ‘Ashribah’, 9, 13, 14;
Darimi, Ashribah’, 8, 9; Muwatta’, ‘Dahaya’, 8; Ahmad b. Hanbal, Musnad, vol. 1, pp. 274, 289,
350; vol. 2, pp. 16, 158, 171, 185, 429, 501; vol. 3, pp. 63, 66, 112, 119, 361; vol. 4, pp. 41,
416; vol. 6, pp. 36, 71, 72, 97, 131, 190 and 226 – Ed.)
The Prophet (peace be on him) also enunciated the following principle: ‘If anything causes
intoxication when used in large quantity, even a small quantity of it is prohibited.’ ‘If a
large quantity of something causes intoxication, to drink even a palmful of it is prohibited.’
(See Abu Da’ud, ‘Ashribah’, 5; Ibn Majah, Ashribah’, 10; Ahmad b. Hanbal, Musnad, vol. 2, pp.
167, 179 and vol. 3, p. 343 – Ed.)
In the time of the Prophet (peace be on him) no specific punishment had been laid down for
drinking. A person caught drunk would be struck with shoes, fists, and whips made of twisted
cloth and palm sticks. The maximum number of lashes to which any culprit was subjected was
forty. In the time of Abu Bakr the punishment continued to be forty lashes. In the time of ‘Umar
the punishment initially remained at forty lashes also, but when he saw people persist in
drinking he fixed the punishment at eighty lashes after consulting the Companions. This was
considered the prescribed legal punishment for drinking by Malik and Abu Hanifah, and even by
Shafi’i according to one tradition. But Ahmad b. Hanbal, and, according to a variant tradition,
Shafi’i, considered the punishment to consist of forty lashes, and ‘Ali is reported to have
preferred this opinion.
According to Islamic Law, it is the bounden duty of an Islamic government to enforce this
prohibition. In the time of ‘Umar the shop of a member of the Thaqif tribe, by the name of
Ruwayshid, was burnt down because he carried on the sale of liquor. On another occasion a whole
hamlet was set on fire because it had become a center of illegal traffic in liquor.