Alcohol consumption and dealing in alcohol are the two crimes most punished under Sudan's Islamic penal code. Thousands of Sudanese have been lashed or imprisoned for these offenses as part of numerous government campaigns against brewing, drinking, and selling alcohol. While non-Muslims are not supposed to be flogged for these crimes, human rights reports document that Southern refugee women have received 40 lashes, the same as Muslims, for brewing alcohol. Islamic jurisprudence considers all intoxicants forbidden, but differs on whether consumption of non-wine intoxicants is punishable only if drunkenness results.
Alcohol consumption and dealing in alcohol are the two crimes most punished under Sudan's Islamic penal code. Thousands of Sudanese have been lashed or imprisoned for these offenses as part of numerous government campaigns against brewing, drinking, and selling alcohol. While non-Muslims are not supposed to be flogged for these crimes, human rights reports document that Southern refugee women have received 40 lashes, the same as Muslims, for brewing alcohol. Islamic jurisprudence considers all intoxicants forbidden, but differs on whether consumption of non-wine intoxicants is punishable only if drunkenness results.
Alcohol consumption and dealing in alcohol are the two crimes most punished under Sudan's Islamic penal code. Thousands of Sudanese have been lashed or imprisoned for these offenses as part of numerous government campaigns against brewing, drinking, and selling alcohol. While non-Muslims are not supposed to be flogged for these crimes, human rights reports document that Southern refugee women have received 40 lashes, the same as Muslims, for brewing alcohol. Islamic jurisprudence considers all intoxicants forbidden, but differs on whether consumption of non-wine intoxicants is punishable only if drunkenness results.
Alcohol consumption and, by extension, dealing in alcohol are, respectively,
the two (ḥadd) crimes that have a special position in the Islamization of penal law in the Sudan. It should be noted here that no other ḥadd crime introduced in 1983 and reconfirmed in 1991 has been punished more widely and has affected more people. Based on reports, we can safely assume that many thousands of Sudanese were lashed or imprisoned for either consuming or selling alcohol, or for other alcohol-related offenses. The numerous campaigns against alcohol illustrate the importance the Sudanese regime attributes to the eradication of brewing, drinking, and selling alcohol. For example, during one of these campaigns in June 1994, over a period of sixteen days 657 people were charged with alcohol-related offenses. In Khartoum and its adjacent refugee camps many displaced Southern women make a living by brewing and selling alcohol. According to Article 79 of the Criminal Act of 1991, non-Muslims who deal in alcohol are not subject to flogging, but to a prison term not exceeding one year, or a fine. However, there are many reports that Southern refugee women were given 40 lashes for brewing alcohol.1 In other words, they received the same number of lashes due to Muslims convicted for the consumption of alcohol. Human rights reports document the fact that the punishment of flogging for alcohol consumption is often used to intimidate critics of the Islamic regime.2
Definition and Punishment of Alcohol Consumption in the fiqh
The consumption of intoxicants was forbidden in the Qurʾān gradually, but no
punishment was given for it.3 Qurʾānic terminology only refers to strong alco- holic drinks.4 The majority of Islamic jurisprudents use qiyās to interpret the meaning of khamr to represent every intoxicant (muskir), including alcoholic drinks other than wine, opiates, narcotics, and other drugs. Their punishability
1 See, for example, Amnesty International, Sudan, 43–45.
2 Ibid., 43. 3 El Baradie, Gottes-Recht und Menschen-Recht, 122; Enes Karic, “Intoxicants,” Encyclopaedia of the Qurʾān (Leiden: Brill, 2002), 556–557. 4 For example, sakar, sukāra, rahīq, khamr, etc. See Karic, “Intoxicants,” 556.
is based on the sunna of the Prophet, according to which drinking intoxicants
was to be punished by flogging. The fiqh, however, is split into two schools of thought with regard to the punishability of the consumption of alcoholic beverages. Both outlaw the drinking of wine made of grapes (shurb al-khamr al-mustakhraja min al-ʿinab), whether it is drunk in small or large quantities, and regardless of whether it causes drunkenness. They do, however, differ on the matter of drinking intoxicating drinks other than wine.5 According to the majority opinion of the fuqahāʾ, the consumption of any and all intoxicants is punishable by a ḥadd punishment. In the Shāfiʿī school and the majority opinion of the Ḥanbalī school, the punishment for a free person is 40 lashes; according to the Mālikīs, it is 80 lashes. The Ḥanafīs differ. As in the three other schools, drinking wine is completely forbidden and punishable by 80 lashes for the free person. However, in contrast to the other schools, drinking alcoholic beverages other than wine is only punishable if one becomes drunk.6 With regard to the difference between just drinking alcoholic beverages and becoming drunk by them, Abū Ḥanīfa is of the opinion that a punishable state of drunkenness occurs when the drinker has reached a state that prevents him from being able “to distinguish a man from a woman and the sky from the earth.”7 In other words, merely being tipsy would not qualify the drinker for a ḥadd penalty; rather punishability requires a state of delirium or complete intoxication. According to the fuqahāʾ, in order to be punished, those who drink wine and/or intoxicants must be sane (ʿāqil) and adult (bāligh), those who are insane or minors, as in the rest of Islamic criminal law, are not held criminally responsible. Further, according to the great majority of jurists, the culprit must be a Muslim. Dhimmīs and the mustaʾmin will not be punished as long as they do not cause a public nuisance, because alcohol consumption is not punishable in Christianity or Judaism.8 A public nuisance caused by the dhimmī or the mustaʾmin who is in a state of intoxication only leads to a taʿzīr punishment, not to the ḥadd. In order to entail the ḥadd, the drinking must be voluntary, not under duress or out of necessity (ḍarūra). Finally, in order to be punished by a ḥadd punishment, the culprit’s criminal intention must be established. Thus, someone who does not know that he is drinking wine or who does not know that drinking wine or becoming drunk on other alcoholic beverages is forbidden in the sharīʿa is not subject to the ḥadd.
5 Ibid., 556–557. 6 Peters, Crime and Punishment, 64; El Baradie, Gottes-Recht und Menschen-Recht, 122. 7 Bahnasī, al-Jarāʾim, 187. 8 Ibid., 189–190.