Execution For Drug Smugglers and
Those Who Distribute Them

All praise be to Allah, the Lord of the worlds. The (blessed) end. is for those who fear (Allah). Let there be no transgression except against the wrongdoers. And may peace and blessings be upon the noblest of the Prophets and Messengers, our Prophet, Muhammad and upon all his family and Companions. As for what follows:

In its twenty-ninth session, the Council of the Senior Scholars met in the city of Riyadh from the 9th of Jumad Ath-Thani 1407 A. H. to the 20th of Jumad Ath-Thani 1407 A. H. They studied a telegram from the Custodian of the two Holy Mosques, King Fahd bin 'Abdil-'Aziz may Allah preserve him bearing the reference no. S/8033 and the date 11/06/ 1407 A. H. which said:

"In view of the evil effects of narcotics, and because we have noticed that they have spread tremendously in the recent past, and because the general welfare of the people demands a punishment which will act as a deterrent to those who distribute and circulate them whether by smuggling or by selling them -we request that you present the matter to the Council of the Senior Scholars urgently and to communicate to us their decision."

The Council studied the matter and discussed it from all angles in more than one sitting. After debate and exchange of views, and considering the results of the spread of this evil and its deadly epidemic, (which includes): smuggling, dealing, distribu- tion and usage as shown by the evil effects upon the individuals who use them that they cause those who use them to commit crimes of murder and traffic accidents, and chasing after (drug-induced) delusions which lead to those things, and the resultant existence of a level of criminals whose concern is enmity and whose nature is malevolent, and the violation of all things prohibited, and the violation of laws, and the spread of chaos caused by the user being in a state of (drug- induced) euphoria and excitement, believing that he can do anything, besides his tendency to invent fanciful ideas which incite him to commit crimes. Likewise, they (i.e. drugs) have harmful effects on the general health and might lead to mental defects and insanity. We ask Allah to protect us and save us from that.

For all of these reasons, the Council has decided unanimously the following:

First. Regarding the smuggler of drugs, his punishment should be death. This is because of the great corruption caused by such smuggling and bringing drugs into the country and the physical harms and many dangers that effect the whole community. This corruption is not confined just to the smuggler himself. The person who imports them or receives them from abroad and supplies them to the distributors is included along with the smuggler.

Second. As for the distributor of the drugs, what has been issued regarding him in resolution no. 85, dated 11/11/1401 A. H. is sufficient in this matter; and the text of which is as follows:

"1.Whoever distributes them, whether it is by way of production or importation, both selling and buying, or giving them away, or other forms of distribution and dispersal if it is the first offence, then he should be firmly rebuked by imprisonment or flogging or monetary fine, or all of these, according to what is necessitated in the view of the Judge. If he repeats the offence, he should be rebuked in a manner which cuts off his evil from the society, even if it necessitates killing him. Because by his action, he is considered one of those who spread corruption in the earth, and those in whose souls criminality is deep-rooted. The investigative scholars have resolved that execution is a legitimate form of rebuke (Ta'zir). Shaikh Al-Islam Ibn Taimiyyah may Allah, Most High have mercy on him - said: 'Anyone whose corruption cannot be stopped except by killing him must be killed. Like one who leaves the Jama'ah and calls to innovations in the religion...' up to his words: 'And the Prophet ordered the death of a man who deliberately lied about him. And Ibn Ad-Dailami, may Allah be pleased with him, asked him about one who will not stop drinking alcohol and he said:
"If anyone will not stop doing it, kill him."

And in another place, he may Allah have mercy on him-said, in justification of killing as a form of rebuke: This is because the spreader of corruption is like the robber, if the robber cannot be stopped except by killing him, he must be killed."

Third, The Council considers that it is essential before any of the aforementioned punishments in paragraphs (1) and (2) of this resolution is inflicted, that all of the necessary measures of confirmation occur from the side of the Islamic Law Court, the Courts of Cessation and the Supreme Judicial Court, in order to meet all obligations and to preserve lives.

Fourth, These punishments must be announced through the media before they are carried out, so that those in authority are excused (from accusations of carrying out the punishment without informing anyone) and as a warning (to others)."

Besides this, (we say that) through Allah is attained success. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.