About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

20 Islamic L. & Soc'y 48 (2013)
Contesting Intoxication: Early Juristic Debates over the Lawfulness of Alcoholic Beverages

handle is hein.journals/islamls20 and id is 55 raw text is: Islamic Law and Society BRILL Islamic Law and Society 20-1-2 (2013) 48-89 www.brillcom/ils Contesting Intoxication: Early Juristic Debates over the Lawfulness of Alcoholic Beverages* Najam Haider Abstract This study examines legal debates over the lawfulness of alcoholic beverages between Maliki/Shdfi'i and Hanafi jurists. While there was an early consensus surrounding the prohibition of an intoxicating drink derived from grapes, disagreements persisted regarding intoxicants obtained from non-grape sources. 'The primary advocates for the prohibition of all intoxicants were Miliki and Shifi'! jurists whose works were increasingly devoted to attacking their Hanafi counterparts. Miliki critiques centered on arguments rooted in the Qur'in, while Shifi'i critiques relied on traditions from the Prophet/Companions. The Hanafis argued for a narrow prohibition limited to a single drink (i.e., khamr) and forbade other drinks only if consumed to the point of intoxication. Over time, the Hanafis abandoned their original position and endorsed complete prohibition due, perhaps, to the growing moral stigma associated with intoxicants. They did so by reinterpreting the views of one of their founding figures, Muhammad b. al-Hasan al-Shaybani (d. 189/806). Keywords Khamr, Nabidh, Intoxicants, Alcohol, Abui Hanifa, al-Shaybini, Hanafism, Kcifa Correspondence: Najam Haider, Department of Religion, Barnard College, 3009 Broadway, New York, NY 10027. E-mail: nhaider74@gmail.com * A broader (in terms of the law schools covered) but less detailed (in terms of sources) version of this discussion can be found in Najam Haider, Origins of the Shi'a (Cambridge: Cambridge University Press, 2011), 138-62. For an expanded treatment of the four major Sunni and two Shi'i law schools, see ibid., The Birth ofSectarian Identity in 2-/8'^ century Kfifa (Princeton, 2007), 237-98. Thanks to David Powers and the anonymous reviewers for their helpful comments on an earlier draft of this article. DOI: 10.1 163/15685195-0002A0002 @ Koninklijke Brill NV, Leiden, 2013

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most