The stronger view in this matter is that it is left to the judge’s discretion: if he sees fit, they may be exiled from the land to other regions, or imprisoned, according to his judgment.

As for drinking wine, the scholars have differed as to whether its punishment is a fixed prescribed punishment or a discretionary punishment. The majority of scholars hold that it is a fixed prescribed punishment. They then differed over whether it is forty lashes, eighty lashes, or whether the ruler may choose between the two.

Whoever reflects upon the punishment for drinking wine will realize that it is a discretionary punishment, not a fixed prescribed punishment, though it must not be reduced below forty lashes.

The evidence for this is that during the time of the Messenger of Allah, may Allah’s peace and blessings be upon him, a drinker would be brought forth, and the people would rise against him and strike him: some would strike him with their hands, others with sandals, others with cloaks or palm fronds (1), or the like. Hence, one wording of the hadith states: “about forty” (2). Then Abu Bakr, may Allah be pleased with him, administered forty lashes, and Umar, may Allah be pleased with him, also administered forty lashes. When drinking wine became widespread, Umar gathered the Companions, may Allah be pleased with them, to seek their counsel—this was his customary practice—and Abd al-Rahman ibn Awf, may Allah be pleased with him, said: “O Commander of the Faithful, the lightest of the prescribed punishments is eighty” (3)—meaning, flog the drinker