Publication:

جريمة المخدرات في المجتمع المالديفي :دراسة تقويمية في ضوء الفقه الإسلامي

This research is a comparative study of Islamic jurisprudence and Maldivian Law. This study aims to unfold the truths on drugs; its harmfulness to individuals, societies and to the Islamic Ummah as a whole. It is apparent that drugs have spread throughout the world despite the nature of the society. This study sheds light on the invaluable works of Islamic scholars to salvage the Islamic Ummah from the drug abuse and their works to prove that Islamic Sharī‘ah is superior to Law. This study employs two methods in conducting the research. Firstly, the inductive method has been used to collect the relevant data pertaining to Islamic juristic texts and the views of the Muslim jurists on the subject. And secondly, the analytical method has been used to examine those texts and views and to compare them with the Maldivian Law. This study has found that the use of drug is strictly prohibited in the Holy Qur’an and Sunnah. Drugs in any form either liquid or solid follow the same penalty as that of use of alcohol. However, due to the destructive nature of drugs it is considered more harmful than that of alcohol. There are several types of drugs and each type of drug differs in its effects and harmfulness. Therefore, the penalty is clearly stated in the Islamic Sharī‘ah; for production of drugs, agriculture of drugs, buying and selling of drugs, drug trafficking, making profits through selling of drugs, different forms of drug dealings, and use of drugs as medicine. In addition, this study states how the Islamic Sharī‘ah deals with the above mentioned aspects of drugs and how to get rid of them. Moreover, the study highlights on the fact that the Maldivian Law does not provide clear and detail provisions on drugs as is found in Islamic Sharī‘ah. This is because the Maldivian Law relies on the Islamic Sharī‘ah for those aspects of drugs that are not mentioned in the Maldivian Law.