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As for the prescribed punishment for drinking intoxicants, it is established by the Sunnah of the Messenger of Allah, may Allah bless him and grant him peace, and the consensus of the Muslims. The compilers of the Sunan collections narrated through several routes that the Prophet, may Allah bless him and grant him peace, said:

“Whoever drinks intoxicants, flog him. If he drinks again, flog him. If he drinks again, flog him. Then, if he drinks a fourth time, put him to death.”

It is established that he flogged those who drank on several occasions, as did his caliphs and the Muslims after him. Most scholars hold that the ruling prescribing execution was abrogated. Others hold that it remains in force. It is also said that it is a discretionary punishment which the ruler may impose when necessary.

The following is also established:

“The Prophet, may Allah bless him and grant him peace, administered forty strokes with palm stalks and sandals for drinking intoxicants. Abū Bakr, may Allah be pleased with him, administered forty strokes, while Umar administered eighty during his caliphate. Alī, may Allah be pleased with him, would sometimes administer forty strokes and sometimes eighty.”

Some scholars therefore hold that eighty strokes are obligatory. Others hold that forty are obligatory, and that the ruler may add more when necessary—for example, when people become addicted to intoxicants, when the drinker cannot be deterred by fewer strokes, or in similar circumstances.