Answer
Drinking:
Whoever, intentionally and without ‘ikrah’ or ‘irtizar’ takes an intoxicant by any means whatsoever, whether such taking intoxication or not, shall he guilty of drinking.
Explanation:
In this Article:
(a)‘Ikrah’ means putting any person in fear of injury to the person, property or honour of that or any other person, and
(b) ‘Irtizar’ means situation in which a person is in apprehension of death due to extreme hunger or thirst or serious illness.
Explanation:
This Article defines drinking. “Drinking” means intentionally (without ikrah or irtizar) taking any intoxicant by any means whatsoever, even though intoxication may not be caused.
Irtizar means putting in fear of injury to person, Property, or honour of the person’ concerned or any other person such as for example one’s wife or children.
Irtizar means putting a person in such situation where he feels an apprehension of death due to extreme hunger, thirst or illness.
Two kinds of drinking under Article 7:
Drinking may either drinking liable to ‘Hadd or drinking liable to Tazir.
Drinking liable to ‘Hadd’:
Whoever being an adult Mush takes intoxicating liquor by mouth is guilty of drinking liable to Hadd and shall be punished with whipping numbering eighty stripes:
Provided that the punishment shall not be executed unless it confirmed by the Court to which an appeal from the order c conviction lies’ and until the punishment is confirmed and execute the convict shall subject to the provisions of the Code of Criminal:
Procedure, 1898 (Act V of 1898), relating to the grant of bail suspension of sentence be dealt with in the same manner as sentence to simple imprisonment.
Proof of drinking, liable to Hadd:
The proof of drinking liable to Hadd shall be in one of the following forms namely:
(a) The accused make before a Court’ of competent jurisdiction a confession of the commission of drink liable to Hadd and
(b) At least two Muslim adult male witnesses, about whom the Court is satisfied, having regard to the requirement of ‘Tazkiyah-al-shuhood’ that they are truthful persons and, abstain from major sins (Kabair) give evidence the accused having committed the offence of drinking liable to Hadd.
According to the explanation of Article 9, ‘Tazkiyah-al-shuhood’ means the mode of inquiry adopted by a Court to sat itself as to the credibility of a witness.
Cases in which Hadd shall not be enforced:
1. Hadd’ shall not be enforced in the following cases, namely:
(a) When drinking is proved only by the confession the convict hut he retracts his confession be the execution of ’Hadd and
(b) When drinking is proved by testimony, but before the, execution of Hadd’ any Witness realize from his testimony so as to reduce the number of Witnesses to less than two
2. In a case mentioned in clause (1) the Court may order retrial in accordance with the Code of Criminal Procedure, 1898.
This Article states that in the cases of drinking Hadd shall not It heed when the only available evidence is confession of the accused and he retracts it before the execution of Hadd or when the available proof is testimony of witnesses and any Witness realizes from testimony so as to reduce the number or Witnesses to less than two.
In the first case, i.e. when the accused retracts his confession, at may order retrial in the manner laid down in the Criminal procedure Code, 1898.