Some discussion about alcohol.

Alcohol is only forbidden in the Qur'an. There is no penalty for this crime. In the time of the Prophet (peace and blessings of Allaah be upon him) no specific punishment was prescribed for this but he used to give whatever punishment he deemed appropriate.

Hazrat Abu Bakr (may Allah be pleased with him) and Hazrat Umar (may Allah be pleased with him) prescribed forty lashes in their time, but they did not legislate for it. In the time of Hazrat Uthman Radiyallahu Ta'ala Anhu, when the allegations of drinking increased, he raised the issue in the advisory council of the Companions.

Hazrat Ali (may Allah be pleased with him) in a short speech suggested that eighty whips should be provided for this purpose. The Consultative Council agreed with him and enacted this law with consensus for the future.

In the days of Kholafaye Rashedin, it was legislated that if artisans or craftsmen were allowed to make things, they would have to pay compensation if they were allowed to sew clothes, or gold for making ornaments, and if it was damaged. This decision is also based on the following speech of Hazrat Ali (may Allah be pleased with him) that although the artisans cannot be found guilty in this situation.

When it is not destroyed due to its negligence, but if it is not done then there is a danger of showing negligence of the artists in the protection of the goods. Therefore, the demand of the overall interest is that they will be made the guarantor of this thing. So this decision has also been made with the help of Ijma.

Hazrat Omar (may Allah be pleased with him) decided that if more than one person was involved in the murder of one person, then the punishment of revenge would be imposed on all. Imam Malik and Imam Shafi'i took this decision, but it was not accepted as law. Because it was a court decision, it was not made into law by consensus in the Consultative Council or by a majority vote.

If the wife of a missing person remarries with the permission of the court, then her ex-husband returns, will she not get her first husband and stay with her second husband? In this context Kholafaye Rashedin made various decisions. But no ruling has gained the status of law. This is because the matter has not been referred to the Consultative Council for decision by consensus or majority decision.

From the above discussion it is known that the status of court decision in English law is not the same as the status of court decision in Islam. Examples of decisions by judges of British law may have the status of law but accept an interpretation of Nasr in Islam, or do so on the basis of one's own qiyas or ijtihad.

But it cannot gain the status of a separate law. Rather, it is not obligatory for the same judge to follow a decision of his own forever after giving a decision in a case. He may still make different decisions in other cases which are consistent with the aforesaid case - if the error of the previous decision becomes clear before him.After the caliphate Rashedar when the consultative council system became chaotic.

The various systems of fiqh that the mujtahid imams formulate then have the status of quasi-law because the maximum number of residents of an area acquire the status of law because the maximum number of people living in an area accept the fiqh of one of the imams.

Such as the fiqh of Imam Abu Hanifa in Iraq, the fiqh of Imam Malik in Spain, the fiqh of Imam Shafi'i in Egypt etc. But nowhere has this widespread adoption turned any fiqh into law in the true sense. Wherever it becomes law, it is on the basis that the government of the country has accepted it as law.