Bismillah
AsalamuAlaykum Warahmatullahi Wabarakatuh,
Imaam Al-Maawardi
stressed that by consuming plants, which cause over-excitement (intoxication), the Hadd (legal punishment) will become necessary, which, in this case, is eighty lashes.
Imaam Qiraafi states that all the scholars of his period agreed that its consumption is Haraam.
However, there is a difference of opinion as to what punishment becomes incumbent due to consuming drugs; either Hadd, because it intoxicates or Ta'zeer (reprimand) because it corrupts the mind.
According to three prominent Imaams (Shaafi'i, Maalik and Ahmad), consuming anything intoxicating, however small the amount, will bring the legal punishment of eighty lashes to the person. However, according to the Hanafi school, if an intoxicating amount has been taken, then, according to Imam Muhammad, Hadd will be necessary. According to Imaam Abu Haneefah and Imaam Abu Yusuf, he will be reprimanded severely, but the Hadd will not be imposed.
Ta'zeer is such a punishment that holds no specific amount and is for the discretion of the Judge. We should note that according to some scholars, in certain cases, Ta'zeer could prove to be more severe than the Hadd itself, such as when the person persistently commits the crime.
...I think its in the wrong section
AsalamuAlaykum Warahmatullahi Wabarakatuh,
Imaam Al-Maawardi
Imaam Qiraafi states that all the scholars of his period agreed that its consumption is Haraam.
However, there is a difference of opinion as to what punishment becomes incumbent due to consuming drugs; either Hadd, because it intoxicates or Ta'zeer (reprimand) because it corrupts the mind.
According to three prominent Imaams (Shaafi'i, Maalik and Ahmad), consuming anything intoxicating, however small the amount, will bring the legal punishment of eighty lashes to the person. However, according to the Hanafi school, if an intoxicating amount has been taken, then, according to Imam Muhammad, Hadd will be necessary. According to Imaam Abu Haneefah and Imaam Abu Yusuf, he will be reprimanded severely, but the Hadd will not be imposed.
Ta'zeer is such a punishment that holds no specific amount and is for the discretion of the Judge. We should note that according to some scholars, in certain cases, Ta'zeer could prove to be more severe than the Hadd itself, such as when the person persistently commits the crime.
...I think its in the wrong section