Regulation of Alcohol Consumption in Saudi Arabia - Case Study Example

Name: Houda saeed Alsomali Course unit: LWN164 Health Care Law and Ethics Assessment one: Outline Research Paper Table of Contents Table of Contents 2 The introduction 3 Background to the regulation of alcohol in Saudi Arabia 3 Ethical arguments 7 Culture’s communitarian ethos 9 Ethical principles of non-maleficence and beneficence 9 Benefits and health issues 11 Solutions 12 Conclusion 13 Reference List 14 The introduction The success of the ban of alcohol in Saudi Arabia has rarely been studied by scholars. Saudi Arabia is characterized by traditional Islamic culture that dictates almost all aspects of life. Sharia dictates how a Muslim should live and what they must follow (TRADOC, 2006). Its interpretation and adaptation covers economics, politics, business, family life and other facet of life that include the entire moral system which is the central aspects of the world view. The Islamic prohibitions of alcohol are anchored on two objectives that include stopping the wrong doing at the inception and blocking all the avenues through which the wrong acts can be committed. The effectiveness of the laws dealing alcohol depends on legal obligations as well ethics and moral issues. Therefore, in addition to the strong religious reasons requiring that alcohol should be banned in Saudi Arabia, there is also a compelling moral and ethical argument that it should be banned from a public health perspective. The current study explores the association between legal laws with ethics and moral obligation in the Saudi Arabia with regard to alcohol consumption. Background to the regulation of alcohol in Saudi Arabia Being an Islamic country, the laws in Saudi Arabia are based on Islamic sources that include the Holy Quran and Sunnah. Being the most reliable and highest source of the laws of Islam, Quran has more than one reference to the prohibition of alcohol. For example; The goal of the Islamic laws is to protect the faith in God (belief in one God who is the creator), life (protect against murder, abortion and suicide), rights for ownership and against intoxicating the mind. Therefore, Islam prohibits the consumption of all kinds of intoxicants that include all types of drinks that contains alcohol. In addition, selling of alcohol, producing it, smuggling or dealing in it, or growing of grapes for producing wine are prohibited in Islam (Albrithen, 2006). The rationale for forbidding alcohol is that it causes people to lose the control of their minds. Intoxicants fall under khamr, which mean anything which befogs the brainpower. Thus, Muslim treats alcohol as the devil’s trick to fight belief in God. The user become addicted, they continue to use even if they are aware that they do them harm. Muslim can only allow alcohol when it is used as medicine or if there is no other alternative (Geldart, 1999). The Islamic prohibitions of alcohol are anchored on two objectives. These include stopping the wrong doing at the inception and blocking all the avenues through which the wrong acts can be committed. In other words, sharia laws are basically preventive and can only sort to punishment as the last resort. In fact faithful Muslims internalize the values of the Islamic society; they are inclined on performing the right duties. Therefore, harsh punishments prescribed by the Islamic law are not needed to be applied. The five goals of sharia are to protect the mind, family, ownership, life, and religion. The Muslim judges agree on these goals. The obligations and prohibitions are meant to attain these ends. The objectives of the authorities are to protect the above goals (Hakeem et al., 2012). According to the studies by Hathout (1997), the Islamic law protects the society from any criminal acts through the following mechanisms. Islamic conscience- the acts of Islamic conscience are meant to reduce crime. It is based on the fact that Allah is omnipresent, and the communities’ general moral environment is directed by this conscience. This mechanism is meant to act as internal restrains against crime. Economic reform – this mechanism seeks to reduce the material-related causes of crime. It seeks to bring economic reforms that address the need of the society so as to reduce crime. Severe punishment – this meant to bring justice, as the offenders are not allowed to get away with it (Hakeem et al., 2012). Based on these principles, there is nothing like safe drugs or safe drinking age. Most of the teenagers who consume alcohol get them at home but not from stores. The Islamic laws prohibit alcohol consumption for both children and adults, and equal punishment is met for both groups. In the same context, such acts like illicit sexes, and dealing in alcohol business is illegal. This is aimed at blocking the avenues through which the wrong acts are committed (Athar, 1993). The Holy Quran is very categorical with the consumption of alcohol. The following verse provides a strict prohibition of alcohol. The penalties of drinking alcohol can be divided into two. The first one relates to the relationship between man and God. Under this relationship, God will punish those who disobey prohibitions and imperatives. The second penalty relates to punishment which can be applied humans authorities through the police or courts. During the prophet’s lifetime, the exact or determined punishment (hudud) was not established. However, the penalty imposed on the offender under this category falls in discretion punishment (ta’zir), which was only administered by the imam, or community reasoning or consensus. This is based on the fact that the Islamic law allows independent reasoning to be applied in case there is no direct textual statement addressing the case under investigation (Kamali, 2000). Based on these laws, the punishment for alcohol offences is usually limited to flogging between 40 and 80 lashes, but may include other punishment like imprisonment depending on the existing circumstances like the age of the drinker, history of the crime, the motives and other cases depending on the judgment. But the manufacturers or smugglers may be met with more severe punishment which may include capital punishment. The execution of the punishment is executed by the police (Albrithen, 2006). The legal prohibition on the sale and consumption of alcohol is ethical from both Islamic and public health ethics perceptions. This was attributed to the verity that alcohol was and is still an unsafe drug and a key menace to public health in Saudi Arabia as well as in other countries.  As stated by Fieser (2008), alcohol consumption is a disorderly social evil and this has been acknowledged since the start of the Islamic era.  Alcohol consumption is not a problem only experienced by Arab countries; rather it has turned out to be a serious global socio-medical issue. Prohibition of alcohol in Saudi Arabia and other Muslim countries such as Mauritania, Kuwait, Afghanistan, Emirate of Sharjah in UAE, among others is justifiable because public education on the risks of alcohol has been unfruitful, with the rate of consumption increasing every day (Sodiq, 2010). So, Saudi Arabia and other Islam countries should be given tribute for fruitfully opposing and eliminating alcohol addiction in the society. Legally, Muslims use Quran and the Sunnah as the main sources in guiding them on what are appropriate and inappropriate (Hakeem et al., 2012). These sources are collectively termed as ‘Ijtihad’, connoting the interpretation of decisions concerning problems that are not explicitly detailed in the Sunnah or Quran. So, for alcohol to be prohibited in Saudi Arabia a methodology was utilized by trusted and knowledgeable scholars in the field so as to issue the legal pronouncement (Fatwas) associated with the modern health issues. Since the consumption of the intoxicants are illegal in Islam whether in large or small amount, Muslim keep away from even baking or medicinal substances. It is acknowledged in Qur’an that the consumption of alcohol has some benefits, but it underlines the fact that the potential harm outweighs the benefits (Huda, 2010). Saudi Arabia government has taken steps to protect its citizens from the sinful substances like alcohol. These steps range from establishment of border security, control of customs, Religious Enforcement Council, the National Committee of Drug Prevention and the Bureau of Drug Control. In addition, there has been an increase in the activities in learning institutions such as schools and universities concerning the prevention of alcohol (Albrithen, 2006). Ethical arguments Saudi Arabia is characterized by traditional Islamic culture that dictates almost all aspects of life. Sharia which is the religious law dictates how a Muslim should live and what they must follow (TRADOC, 2006). Its interpretation and adaptation covers economics, politics, business, family life and other facet of life that include the entire moral system which is the central aspects of the world view. Islam does not only define morality, but it also directs the human beings on how to realize it, as an individual or as a community. Essentially, Islam views the objective of life as the worship of God. Every ethical situation, answers to the requirements of justice and the welfare of the community is address by Islamic judicial tradition. Consequently, religion-based courts dictate all features of the jurisprudence (Al, 2001). Studies by Hakeem et al., (2012) shows that the scope of sharia is wider as it not only regulate the person’s relationship with God, but it also regulate with the relationship with the neighbors. Therefore, it deals with legal rules as much as ethical standards. In other words, it specifies what humans are bound to do in the law, as well as what they ought to do or not do in their conscience. In contrast to other systems of law, sharia seeks to control both the external and internal domains of the person’s activities. An individual is directed on the beliefs, consciousness, actions and rituals (Hakeem et al., 2012). Laidlaw (2014) urged that ethics in a traditional society are perked on the belief and ideas about what is morally good or bad, what is wrong or right, which is also embedded on religious beliefs held by members of the society. The beliefs and ideas about ethics are analyzed, articulated and clarified by the people who are considered as moral thinkers in the society. The Islamic communities, as organized and active societies, have been evolving over centuries on ethical grounds; covering principles, rules, and ethics, meant to guide the society on morality (Laidlaw, 2014). In Islamic countries, it is generally believed that the use of drugs including alcohol is not only unacceptable, but it is also wrong and sinful. In addition, it is as a result of personal desires and choice. As such, the consumers are responsible for their own behaviour and can chose not to use even if they are addicted to the drugs (Laidlaw, 2014). Csiernik (2011) states that alcohol intake is a sin because it can cause harm to oneself and to others. As such Islamic religion has strict laws that deal with prohibition of psychoactive substances such as drugs and alcohol. Usually the human brain works with an inhibitory control that tells someone not to do wrongful or shameful acts. Thus suppressants substances such as alcohol will suppress these nerves and remove the ability to sound judgment on honor or how to protect the body, which influence the personal actions, a central part of human quality (Csiernik, 2011). The moral perspective sees drugs as a result of a weak moral character. Consequently, the problem of addiction can be solved by working on building the character, personal will power or by moving away from temptation or through personal determination. According to this perspective, there is no room for treatment or therapy, but the whole blame and the responsibility is placed on the user. As a result, the prohibition of drug use is characteristically justified on moral grounds. The final form justification of this perspective is the application of penalties for the offenders. Normally individuals involved in alcohol business are not directly accused of being guilty of specific homicides, but they are seen as individuals who are transmitting death whose crime causes national harm. Thus the offenders are seen as dangers to values, health of the public and life, to whom penalties against them are justifiable (Csiernik, 2011). Culture’s communitarian ethos Saudi Arabia has strong communitarian ethic. This is because of the belief that Muslim does not face God as individuals, rather they do it as a community, and so a Muslim can live a true Islamic life in a country that is ruled by Sharia. Thus the state which enforces Sharia should be obeyed, because it produces a society that will guide human being to perfection. It is the obligation of an individual to obey the government for the community to remain in the favour of God. In other words, an individual will gain a lot from abide by the government laws more than having individual rights (Price, 1999). Ethical principles of non-maleficence and beneficence Beneficence mean action taken that is meant to help others. It includes any action taken to help others, remove harm or improve a circumstance, acts of kindness, charity and mercy. The beneficence can be in many forms that include love, humanity and atruism (Mauk & Schmidt, 2004). The physician should not cause harm, but should take the responsibility to assist the patients. Examples include preventing harm from happening to someone, rescue others from danger, encouraging an individual to like a patient to refrain from drinking alcohol and start a therapy program. The therapist would thus provide the required examination and provide a plan of intervention for patients on occupational therapy (Mauk & Schmidt, 2004). Nonmaleficence means an obligation to avoid doing any harm on others. The principle place an obligation of the practitioner to refrain from doing harm, causing wrong or causing injury on others. While beneficence may require action to bring benefit, nonmaleficence requires none acting to bring no harm. Nonmaleficence prevents the practitioner from imposing risk of harm to an individual even if the potential risk does not have malicious intentions. It is emphasised that the care outweighs the treatment, and therefore it is ethical to refrain from treatment. For example the personnel are required to refrain from the influences of drugs and alcohol, which may result in compromise of the provision of education, the occupational therapy services and research (Schenker, 2011). Balancing the beneficence and nonmaleficence may result in a dilemma. The former involves balancing costs and risk against treatment, while the later means refraining from doing harm. Respecting these principles may result in disrespecting the person’s autonomy. This include respecting someone’s view about the treatment. In some cases, it may be necessary to provide treatment which the patient may not desire for the purpose of preventing future development of serious illness. Thus the treatment may not be pleasant, but it may be less harmful than if it was left untreated. For any action to be ethical, the potential benefits for performing the interventions must outweigh the risks (Schenker, 2011). Benefits and health issues The issue of psychoactive drugs use like cocaine, marijuana, opium and alcohol has both legal and moral obligation. They are all prohibited under the category of khamr. On one side, if alcohol use is legal, like in other countries, its use may not be morally right. Drugs cause harm to the user and to others. There are a number of scientific reasons supporting prohibition of sale and consumption of alcohol (intoxicants) (Athar, 1993). Consumption of alcohol in large quantities may damage personal organs that include stomach bleeding (or ulcers), liver (cirrhosis), heart (heart attack), immune system and sex hormone and may result in death. It can also affect other parts of the body such as the brain. It is also responsible for breast cancer. Clinical evidence as mentioned by Paolo and Mia (2006) that consumption of alcohol can result in cancers of the oesophagus, pharynx, liver, rectum, colon, as well as, breast for women. Alcohol consequence as a human pollutant is frequently undervalued and its consumption is as a result, increasing leading to more health-related issues (Ginawi, 2013). As mentioned by Bray et al. (2000), alcohol is undoubtedly the key factor blamable for heightened risk of head neck and head cancer recorded in numerous countries, especially in Eastern as well as central Europe. Evidence from Ginawi (2013) study, indicates that genetic vulnerability plays a crucial role in alcohol-associated cancer, and so the only remedy to the increasing menace is prohibition of sale and consumption as evidenced in Saudi Arabia. On health grounds, alcohol consumption affects the sensory nerves responsible for perception, which explains why drunkard drivers cause accidents, due to intoxication, memory loss and poor coordination. It produces hallucinations and illusions such that the reality fades and imaginations become real; in reality, the alcohol affect the faculty of decision making and reasoning. Thus it provides temporary escape from the reality of life and religion to the world of world of imagination and fantasies (Athar, 1993). In addition to psychological effects, it brings physical problems like laziness and poor health. Drugs use is also associated with weakening of reasoning and willpower, negligence, and moral insensitivity. In addition, addition to alcohol may family problems like violence, property damage, illicit sex or crime that can affect the user or others. These crimes may include suicide or even homicide (Schenker, 2011). Someone who is addicted to alcohol may deny the family basic requirements in order purchase alcohol. In some cases, the user may apply illegal means to get them. Such harmful substances like alcohol and drugs are not only harmful to human health, but they are also impure. They cause psychological, physical, economic, social and moral harm in the society. All of these issues provide sufficient justification for prohibition of consumption of distasteful substances like alcohol. Muslims leaders are in agreement on the prohibition of these drugs (Athar, 1993). Solutions The best solution to alcoholism and drugs use is total ban on the production, selling and consumption of drugs. While this is an ideal solution, it is difficult to achieve especially in Non-Islamic states. Islam provides strict laws against the offenders to safeguard morality, health and peace of individual and society. The needs of the victims can also be addressed through mass education, physicians, law enforcement by authorities and social work. In addition, the victims can be treated and rehabilitated in rehabilitation centers, to enable them to take care of themselves, their families and to serve God in the right way. Conclusion This work has provided a review of Islamic legal issues related to alcohol consumption focusing in the kingdom of Saudi Arabia. Alcohol has negative impact on the individual and the society. In the contemporary society it causes terrible misery to lots of people across the globe leading to unnecessary deaths. Moreover, alcohol has been the main cause of various problems facing the society that include poverty, crime and death. As a result it is legally and ethically justifiable for Saudi Arabia and other Muslim countries to prohibit consumption of alcohol, since it helps people live peacefully, remain religiously faithful and protecting them from adverse health effects. Reference List Athar, S. (1993). Islamic perspectives in medicine: A survey of "Islamic medicine" : achievements and contemporary issues. Indianapolis, IN: American Trust Publications Al, S. H. K. (2001). The role of religion in the prevention of narcotic, alcohol, tobacco & substance abuse, NATSA: An Islamic perspective. Delhi: Hilal Publications. Albrithen, A. A., & University of Liverpool. (2006). Alcoholism and domestic violence in Saudi society. Liverpool: University of Liverpool. Bray, I., Brennan, P., & Boffetta, P. (2000). Projections of alcohol- and tobacco related cancer mortality in Central Europe. International Journal of Cancer , 87, 122– 128. Center for Substance Abuse Treatment. (1995). Alcohol and Other Drug Screening of Hospitalized Trauma Patients. Retrieved March 15, 2015, from http://www.ncbi.nlm.nih.gov/books/NBK64567/ Csiernik, R. (2011). Substance use and abuse: Everything matters. Toronto: Canadian Scholars' Press. Fieser, J. (2008). From Moral Issues that Divide Us and Applied Ethics: A Sourcebook. Retrieved March 15, 2015, from http://www.utm.edu/staff/jfieser/class/160/3-drugs.htm Geldart, A. (1999). Islam: Foundation edition. Oxford: Heinemann. Ginawi, I. A. (2013). Perception on the Relationship between Cancer and Usage of Tobacco and Alcohol in Hail, Saudi Arabia. Journal of Clinical and Diagnostic Research, 7(10), 2197–2199. Hakeem, F. B., Haberfeld, M., & Verma, A. (2012). Policing Muslim Communities: Comparative International Context. New York: Springer Science & Business Media. Huda, D. C. (2010). The Everything Understanding Islam Book: A complete guide to Muslim beliefs, practices, and culture. Cincinnati: F+W Media. Kamali, M. H. (2000). Punishment in Islamic law: An enquiry into the Hudud Bill of Kelantan. Petaling Jaya, Selangor Darul Ehsan, Malaysia: Ilmiah Publisher. Kazim, S. (2013). Mother of All Evils. Retrieved March 15, 2015, from http://www.radianceweekly.com/342/10007/the-scourge-of-alcoholism- and-drug-abuse/2013-01-20/cover-story/story-detail/mother-of-all- evils.html Mauk, K. L., & Schmidt, N. A. (2004). Spiritual care in nursing practice. Philadelphia, Pa: Lippincott Williams & Wilkins. Paolo, B., & Mia, H. (2006). Alcohol and cancer review. The Lancet Oncology, 7, 149– 156. Rosenthal, R. N. (2010). Managing Depressive Symptoms in Substance Abuse Clients During Early Recovery: Treatment Improvement Protocol. Collingdale, PA : DIANE Publishing. Price, D. E. (1999). Islamic political culture, democracy, and human rights: A comparative study. Westport, Conn. [u.a.: Praeger., p162 Schenker, J. G. (2011). Ethical dilemmas in assisted reproductive technologies. Berlin: De Gruyter. Singer, P. A., & Viens, A. M. (2008). The Cambridge Textbook of Bioethics. Cambridge : Cambridge University Press. Sodiq, Y. (2010). An Insider's Guide to Islam. Bloomingto: Trafford Publishing. Szmitko, P. E., & Verma, S. (2005). Cardiology Patient Page. Retrieved from American Heart Association: http://circ.ahajournals.org/content/111/2/e10.full TRADOC G2 handbook. (2006). Arab cultural awareness: 58 factsheets. S.l: s.n.. Laidlaw, J. (January 01, 2014). Ethics. 169-188. Read More

In fact faithful Muslims internalize the values of the Islamic society; they are inclined on performing the right duties. Therefore, harsh punishments prescribed by the Islamic law are not needed to be applied. The five goals of sharia are to protect the mind, family, ownership, life, and religion. The Muslim judges agree on these goals. The obligations and prohibitions are meant to attain these ends. The objectives of the authorities are to protect the above goals (Hakeem et al., 2012). According to the studies by Hathout (1997), the Islamic law protects the society from any criminal acts through the following mechanisms.

Islamic conscience- the acts of Islamic conscience are meant to reduce crime. It is based on the fact that Allah is omnipresent, and the communities’ general moral environment is directed by this conscience. This mechanism is meant to act as internal restrains against crime. Economic reform – this mechanism seeks to reduce the material-related causes of crime. It seeks to bring economic reforms that address the need of the society so as to reduce crime. Severe punishment – this meant to bring justice, as the offenders are not allowed to get away with it (Hakeem et al., 2012). Based on these principles, there is nothing like safe drugs or safe drinking age.

Most of the teenagers who consume alcohol get them at home but not from stores. The Islamic laws prohibit alcohol consumption for both children and adults, and equal punishment is met for both groups. In the same context, such acts like illicit sexes, and dealing in alcohol business is illegal. This is aimed at blocking the avenues through which the wrong acts are committed (Athar, 1993). The Holy Quran is very categorical with the consumption of alcohol. The following verse provides a strict prohibition of alcohol.

The penalties of drinking alcohol can be divided into two. The first one relates to the relationship between man and God. Under this relationship, God will punish those who disobey prohibitions and imperatives. The second penalty relates to punishment which can be applied humans authorities through the police or courts. During the prophet’s lifetime, the exact or determined punishment (hudud) was not established. However, the penalty imposed on the offender under this category falls in discretion punishment (ta’zir), which was only administered by the imam, or community reasoning or consensus.

This is based on the fact that the Islamic law allows independent reasoning to be applied in case there is no direct textual statement addressing the case under investigation (Kamali, 2000). Based on these laws, the punishment for alcohol offences is usually limited to flogging between 40 and 80 lashes, but may include other punishment like imprisonment depending on the existing circumstances like the age of the drinker, history of the crime, the motives and other cases depending on the judgment.

But the manufacturers or smugglers may be met with more severe punishment which may include capital punishment. The execution of the punishment is executed by the police (Albrithen, 2006). The legal prohibition on the sale and consumption of alcohol is ethical from both Islamic and public health ethics perceptions. This was attributed to the verity that alcohol was and is still an unsafe drug and a key menace to public health in Saudi Arabia as well as in other countries.  As stated by Fieser (2008), alcohol consumption is a disorderly social evil and this has been acknowledged since the start of the Islamic era.

  Alcohol consumption is not a problem only experienced by Arab countries; rather it has turned out to be a serious global socio-medical issue. Prohibition of alcohol in Saudi Arabia and other Muslim countries such as Mauritania, Kuwait, Afghanistan, Emirate of Sharjah in UAE, among others is justifiable because public education on the risks of alcohol has been unfruitful, with the rate of consumption increasing every day (Sodiq, 2010).

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