“The Punishment of Drug Promoters and Smuggler : A Comparative Jurisprudential Study”

Document Type : Original Article

Author

College of Sharia, Imam Mohammad bin Saud Islamic University

Abstract

This research explores the Islamic legal perspective on drug trafficking and promotion, focusing on the severe harm drugs cause to individuals and society. Islam strictly forbids substances that damage the five essential necessities: religion, life, intellect, lineage, and wealth. Drugs pose a direct threat to all of these, making their prohibition a matter of protecting public welfare.
The importance of the research lies in showcasing the wisdom of Islamic law in enacting punishments that deter crime, maintain security, and protect moral and social order. The topic was chosen due to the widespread prevalence of drug use and the rise in organized smuggling and distribution, which have become major concerns in many Muslim societies.

The research aims to clarify the definitions of a drug promoter and smuggler, and to explain the associated Islamic rulings and punishments. Previous works that informed this study include “The Legal Foundation of Alcohol and Drugs” and “Drugs in Islamic Jurisprudence.”
A comprehensive scholarly methodology is applied, beginning with defining and illustrating each issue, analyzing areas of consensus and disagreement among scholars, citing reliable sources from the four major Sunni schools, and evaluating the relevant evidence. The study also addresses modern drug-related cases through analogy and contemporary fatwas.
The research structure includes: an introduction, three main chapters (terminology, drug types and rulings, and legal penalties), followed by a conclusion, appendix, and indexes.

Keywords