SHAH WALIYULLAH (RAHMATULLAH ALAYH) ON NON-KHAMR ALCOHOL

Refuting the categorization of alcohol into two categories, Hadhrat Shah Waliyullah (rahmatullah alayh) states in his Hujjatullaahil Baalighah:

“Innumerable Ahaadith of Rasulullah (sallallahu alayhi wasallam) have been narrated from a variety of sources. Thus Rasulullah (sallallahu alayhi wasallam) said:

* “Khamr is from these two trees: dates and grape.

* When Rasulullah (sallallahu alayhi wasallam) was asked about bat’, mizr and (others) besides these two, (i.e. about non-grape alcohol), he replied: “Every drink which intoxicates is haraam.” and “Every intoxicating (drink) is khamr, and every intoxicant is haraam. Whatever of a big quantity intoxicates, a small quantity of it is (also) haraam.”

Continuing his explanation, Hadhrat Shah Waliyyullah (rahmatullah alayh) said: “Predicating the prohibition with (only) grapes is meaningless. The determinant in Tahreem (i.e. prohibition) is derangement of the intelligence. Its little (i.e. liquor’s little) leads to its abundance, hence the decree with it is Waajib (i.e. it is incumbent to decree that all types of liquor whether in small amounts, are haraam).

Today it is not permissible for anyone to halaalize such (liquor) which is made from things other than grapes, and use in quantities less than intoxication.

In view of people’s insane desire for liquor and their ploys for (consuming) it, the objective (of prohibition) cannot be achieved except by totally prohibiting it in every aspect so that there does not remain neither any loophole nor stratagem for anyone (to halaalize liquor).”

Hadhrat Maulana Ashraf Ali Thanvi and the view of Imaam Abu Hanifah

“The view of Imaam Abu Hanifah in the kutub of the Hanafiyyah has been set aside.” It is therefore, not permissible to halaalize any type of alcohol regardless of minute quantities. The view of Shaikhain may not be resurrected and presented as a basis for such halaalization.

CONCLUSION

(1) For the application of the Shari’ah’s ruling of prohibition regarding consumables, there is only one kind of alcohol. Alcohol, regardless of the category assigned to it in Fiqh, is haraam.

(2) The Fatwa of the Shari’ah has always been prohibition of all kinds of alcohol. The view of Shaikhain has been set aside by the Fuqaha of Islam.

(3) The principle of Umoom Balwa does not operate to justify and halaalize a haraam substance. It relates to the sphere of Tahaarat.

(4) All products such as soft drinks, etc. which contain even minute traces of alcohol are not permissible.

(5) If no halaal medicine is available, it will then be permissible to consume medicines with an alcohol content, whether it be alcohol of the first or second category.

Source: Liquor-The process of halaalization