حد شرب الخمر في باكستان: دراسة قانونية تحليلية للتشريع والتطبيق القضائي

THE HADD PUNISHMENT FOR ALCOHOL CONSUMPTION IN PAKISTAN: A LEGAL ANALYSIS OF LEGISLATION AND JUDICIAL PRACTICE

Abstract

This study examines the legal framework governing the Hadd punishment for alcohol consumption in Pakistan, with particular emphasis on its historical development, legislative provisions, enforcement mechanisms, and judicial application. The research begins by exploring the historical and constitutional background that led to the codification of the law within Pakistan's Islamization process, highlighting the influence of Islamic jurisprudence and statutory reforms. It then analyzes the principal provisions of the law, including the legal definition of the offense, the evidentiary requirements, prescribed punishments, and the distinction between Hadd and Ta'zir penalties.

The study further investigates the institutional framework responsible for implementing the law, focusing on the roles of law enforcement agencies, prosecution authorities, and the judiciary in ensuring due process and the effective administration of justice. Finally, it examines selected judicial precedents to illustrate how Pakistani courts have interpreted and applied the law in practice, with particular attention to evidentiary standards, procedural safeguards, and the circumstances under which Hadd or Ta'zir punishments are imposed.

By integrating doctrinal legal analysis with judicial practice, this study provides a comprehensive understanding of the legal regulation of alcohol-related offenses in Pakistan. It also highlights the interaction between Islamic criminal law and Pakistan's contemporary legal system, contributing to the broader discourse on the implementation of Islamic criminal legislation in modern Muslim states.