Ibn Qayyim rahimahullah said:
Rulings are of two types:
- The first type: it does not change from its one state not according to time or place and not the ijtihaad of the Imams like the obligation of the obligations, prohibitions of the prohibition, the boundaries set by the Legislation for crimes and the likes. So this is not exposed to change nor to the ijtihaad of the one who opposes what He legislated.
- The second type: changes according to the benefit in time, place, and situation like the amount of disciplinary punishment, its type, and characteristic. For verily the Legislator varied its types in accordance to the benefit
[Ighaathatul-Lahfaan pg. 330-331]
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An Example of the first type:
عَنْ دَيْلَمٍ الْحِمْيَرِيِّ، قَالَ سَأَلْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم فَقُلْتُ يَا رَسُولَ اللَّهِ إِنَّا بِأَرْضٍ بَارِدَةٍ نُعَالِجُ فِيهَا عَمَلاً شَدِيدًا وَإِنَّا نَتَّخِذُ شَرَابًا مِنْ هَذَا الْقَمْحِ نَتَقَوَّى بِهِ عَلَى أَعْمَالِنَا وَعَلَى بَرْدِ بِلاَدِنَا . قَالَ ” هَلْ يُسْكِرُ ” . قُلْتُ نَعَمْ . قَالَ ” فَاجْتَنِبُو
Narrated Daylam al-Himyari:
I asked the Prophet (ﷺ) and said: Messenger of Allah! we live in a cold land in which we do heavy work and we make a liquor from wheat to get strength from if for our work and to stand the cold of our country. He asked: Is it intoxicating? I replied: Yes. He said: You must avoid it.
[Saheeh Sunan Abi Dawood no. 3638]
And Daylam radiallah anhu was originally from Yemen and he was talking about the cold land. The Prophet sallahu alayhi wa salam answered him and gave him the ruling that the alcohol is prohibited even though they used it for the purpose of giving energy. So what is prohibited in Islam is prohibited in all lands. The Prophet sallahu a alayhi wa salam did not give them a allowance to drink it.
And Allah Knows Best
Faisal Ibn Abdul Qaadir Ibn Hassan
Abu Sulaymaan
