{"id":432,"date":"2012-07-16T12:28:26","date_gmt":"2012-07-16T10:28:26","guid":{"rendered":"http:\/\/investigate-islam.com\/web\/web\/?p=432"},"modified":"2012-07-16T12:28:26","modified_gmt":"2012-07-16T10:28:26","slug":"decriminalising-crime","status":"publish","type":"post","link":"https:\/\/investigate-islam.com\/web\/?p=432","title":{"rendered":"Decriminalising Crime"},"content":{"rendered":"<p><center><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\">\u00a0 <strong> <\/strong><br \/>\n<em> by\u00a0<strong> <a href=\"mailto:mpathan%20@%20onetel.net.uk\">Mazhar Khan Pathan <\/a> <\/strong><\/em> \u00a0<\/span><\/center>&nbsp;<\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\"> Introduction<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">In the defence of freedom, Islam is often accused of being unable to deal with modern day<br \/>\nproblems. Below we look at why the contrary is true.<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">In recent days the debate over legalising drugs has revealed the inability of the Western<br \/>\npolitical system to deal effectively with this problem or for that matter any problem<br \/>\nbased on the creed of freedom. In following its creed to deal with the problem of drugs, the<br \/>\nmatter remains far from resolved, exposing the impracticality of such a creed.<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">Substance abuse is a huge problem in the world. Drugs are consumed for either hedonistic<br \/>\npursuits or as a means to escape from a miserable life. Whatever the reason, both are<br \/>\nintrinsically tied to Capitalism, the ideology of freedom. Some take drugs to practise their<br \/>\nfreedom to create heaven on earth. Others take drugs to escape from the hell created by<br \/>\nfreedom. The Office of National Statistics found that the pursuit of freedom does not<br \/>\ncreate a heaven on earth. It found almost one in six UK adults have contemplated suicide at<br \/>\nsome point in their lives Below we analyse the various justifications put in favour of<br \/>\nlegalising drugs and identify the real crisis behind the issue.<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">Drug abuse is not new. However the crime epidemic fuelled by the need for drug takers to<br \/>\npay for their habit has pushed politicians to address this issue. They have pumped<br \/>\nresources into the police force and enacted one initiative after another, but drug related<br \/>\ncrime continues to rise, putting an ever-increasing demand on the taxpayer and the police<br \/>\nforce. Much police time is taken in arresting both drug pushers and drug takers, taking<br \/>\nlimited police resources away from other policing matters. Seven out of ten crimes are drugs<br \/>\nrelated according to one Home Office study. Government figures also show that over a<br \/>\nthird of adults have used illegal drugs at some point in their lives. According to Drugscope,<br \/>\na policy think tank, there are about 266,000 problem users in the UK. By whatever<br \/>\nmeasure, drugs are a serious problem for wider society.<\/span><\/span><\/p>\n<p><!--more--><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">The call for the legalisation of drugs is not just restricted to cannabis. Various people<br \/>\ngiving evidence to the Commons home affairs committee earlier in the month (March 2002)<br \/>\nurged MPs to legalise heroin. Mr Gillespie, the father of a son who died of heroin abuse,<br \/>\nappealed to MPs to legalise heroin so that it could be regulated to prevent &#8216;impure&#8217;<br \/>\nheroin from killing young people. This call was made by others too. <\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">Of the various arguments put forward on this issue, they broadly fall into two<br \/>\ncategories, pragmatic and ideological. It may be argued that in the case of Capitalism it is one<br \/>\nand the same, nevertheless we analyse these arguments.<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">Pragmatic<br \/>\n&#8216;Alcohol is a drug and legal so why can&#8217;t heroin?<br \/>\nAlcohol is a drug and has been legal for many years. It is viewed in the west as a sign<br \/>\nof their civility in that it can be enjoyed at social gatherings. If that is the case with<br \/>\nalcohol, then why not other drugs? That is the gist of the argument.<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">The Guardian newspaper (29\/3\/2002) reported that heroin addicts steal an estimated<br \/>\n&#8216;43,000 a year. If alcohol is the cause of so many ills in society it is hardly a justification<br \/>\nto legalise drugs, even so, this cannot be the basis for legislating. Many laws in the<br \/>\npast have been considered to be wrong and have been repealed or changed. So basing a new<br \/>\nlaw on an existing law does not guarantee its correctness. For example, it could have been<br \/>\nargued in the past that since slavery was legal, the enslavement of women too should be<br \/>\nlegal, as both blacks and women were considered inferior to the white male.<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">The contrary argument is equally valid too, in that if drugs are illegal why can&#8217;t<br \/>\nalcohol be banned? This highlights the inability to base one law on an existing law. If A is<br \/>\nillegal and B is legal, do you make A legal or make B illegal? This dilemma is due to the<br \/>\nabsence of a comprehensive reference point upon which to base laws.<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">&#8216;Legalising drugs and regulating its sale will reduce crime. Prohibition does not work&#8217;<br \/>\nIt is claimed that the money gained through the sale of illegal drugs are used to finance<br \/>\nother crimes. Also the impurity of drugs sold by dubious people poses a major health risk<br \/>\nto drug users.<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\"> A cursory look at alcohol, &#8211; a regulated drug -, which is only sold by license and then<br \/>\nonly to over 18s, undermines the above claim. The BBC revealed (26\/3\/2002) that 20% of<br \/>\nall 11 to 15 year old drank alcohol. Regulation of alcohol has done little to curtail under<br \/>\naged drinking. Neither is there any legislating to stop its abuse. A person over the age<br \/>\nof 18 can drink as much as they like to the point of becoming senseless. It is not<br \/>\nillegal to drink to the point of becoming &#8216;leg-less&#8217; and so losing the control of ones ability<br \/>\nto stand up. This may be classed as an individual&#8217;s freedom to drink what they like, but<br \/>\nthis type of alcohol abuse costs the British National Health Service &#8216;6 billion a year,<br \/>\nwhich is shouldered by the tax payer.<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">With regards to prohibition, Rowena Young the author of a government thinktank report<br \/>\nsaid, &#8216; There is not a single piece of evidence to show prohibition works&#8217;. This is true;<br \/>\nprohibition of drugs cannot work within the context of a western society since the law<br \/>\nwould be in contradiction with its creed. The creed stipulates individual freedom whereas the<br \/>\nbanning of drugs contradicts that same freedom. In such a situation the laws can result<br \/>\nonly in failure. Prohibition would only work if there existed a symbiosis between the<br \/>\ncreed and the legislation. When people believe in the laws that are applied, the laws can<br \/>\nsucceed. In the west the freedom of the individual contradicts with legislation curtailing a<br \/>\npersons freedom. <\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">&#8216;It is impractical to police the current drug laws&#8217;<br \/>\nBrian Paddick, until very recently the Commander of Lambeth Police in south London, said<br \/>\nin a recent discussion on drugs, &#8220;We need to take the criminality out of it by<br \/>\nlegalisation and strict control.&#8221;. So many people are taking drugs, that it is not practical to<br \/>\narrest them all. Many politicians including chiefs of police too have admitted to taking<br \/>\n&#8216;recreational&#8217; drugs. Society in the west would cease to function if all drug takers were<br \/>\nput in prison. One government report stated that 1 in 5 of all people arrested were on<br \/>\nheroin. The report also estimated that each heroin addict stole goods worth a staggering<br \/>\n&#8216;43,000 a year! (The Guardian, 29\/3\/2002). <\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">This argument goes hand in hand with the above argument to de-criminalise and regulate<br \/>\ndrugs. The police and the government are quick to point that this will greatly reduce crime<br \/>\nfigures. If this argument is taken to its natural conclusion, it would conclude that all<br \/>\ncrime that is problematic be legalised, that way society would be crime free. No longer<br \/>\nwould car theft and muggings be classed as crime. This is preposterous. Such an argument<br \/>\nonly exposes the inherent contradiction and the impracticality of it. Such an incoherent<br \/>\nargument only underlines the inability of man to deal consistently with life&#8217;s problems.<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">Ideological<br \/>\nThose who hold the concept of freedom sacred, the bedrock of Capitalism, it is argued<br \/>\nthat man is free and should be allowed to eat and drink without interference, as long as he<br \/>\ncauses no harm to others. A former chief constable of Gwent Francis Wilkinson has said<br \/>\nthat the legalisation of cannabis is a logical consequence of the Human Rights Act.<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">This oft-quoted mantra of freedom is used as a blanket justification to permit all<br \/>\nthings. No society practises freedom, rather they all have laws and regulations to organise and<br \/>\nprotect society. Allowing man to be absolutely free results in chaos. Those who call for<br \/>\nfreedom, do so in relative terms and not absolute, since that is impractical. If freedom<br \/>\nis relative then who has the right to define freedom&#8217; If man is free then why should one<br \/>\nman dictate to another the definition of freedom&#8217; So whether a society claims to be free<br \/>\nor not, someone has to lay down the law. Hence the real issue is not of whether a society<br \/>\nis free or not, clearly all societies have laws. The real question is who has the right<br \/>\nto legislate, man or the creator of man&#8217;<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">The other equally irrelevant ideological argument posed is that of democracy. If the<br \/>\nmajority of people believe that drugs should be legalised, then who are the minority to<br \/>\ninsist on its illegitimacy. <\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">The Liberal-Democract party&#8217;s Home Affairs spokesman Simon Hughes said, &#8220;I think public<br \/>\nopinion is also being pragmatic and saying, well, I might not want to use it myself, but<br \/>\nthis should not be a policing priority, and there are many things we want the police to<br \/>\ndo, and many crimes we want them to deal with, and actually people using cannabis for<br \/>\nrecreational activities isn&#8217;t anywhere near the top of our list.&#8221;<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">The opinion of one expert is better than the majority opinion of a thousand lay people,<br \/>\nhence the majority opinion is not always correct. More than this, the human mind is unable<br \/>\nto qualify an act as legal or illegal, since this is a matter of opinion. Alcohol has<br \/>\nbenefits as well as harms. Even if man agreed that the harm out weighted the good, he would<br \/>\ndisagree on the approach. For example Both Britain and France agree about the harm<br \/>\nalcohol causes. However Britain believes this is best dealt with by liberalising drink laws so<br \/>\nas to avoid binge drinking. France on the other hand is tightening its laws.<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">Mans inability to objectively legislate is exposed by the contradictory laws on the<br \/>\nstatute books. Alcohol is legal, but cocaine is not. Polygamy is illegal but adultery is not.<br \/>\nLaws are in a state of constant flux and inconsistency. A thing legal in one country is<br \/>\nillegal in another. The same thing in the same place may be illegal at one time and then<br \/>\nlegal at another time. Since man is influenced by his environment, his pronouncements are<br \/>\nrelative and never objective<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">In order to pronounce a substance as legal or illegal, man is in need of a sound basis to<br \/>\nwhich to refer to. Only a divine basis can be a valid basis to do this.<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">Conclusion<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">The fundamental problem in legalising drugs is not the issue itself, but rather freedom<br \/>\nplacing man as the legislator is. Man is unable to legislate in the absence of full<br \/>\nknowledge and his inherent weakness. Here lies the problem. Various principles are used to<br \/>\njustify an opinion not because they are correct, but because they afford the opinion some<br \/>\nrespectability. In many cases the real criteria for an opinion is merely benefit or<br \/>\npleasure.<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">It may be that you hate something and it is good for you and it may be that you like<br \/>\nsomething and it is bad for you, Allah knows and you do not know. (TMQ 2:216)<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">What is beneficial to one person is not necessarily beneficial to another. Which is why<br \/>\nlaws are inconsistent with the principles used for their justification. For example some<br \/>\ncall to legalise drugs based on the reasoning that prohibition is unworkable. However,<br \/>\nthis same argument is not used for car theft, which is also a problematic crime<\/p>\n<p>The mind can thus grasp and comprehend the reality and reach certain conclusions, but the<br \/>\nmind cannot qualify a thing as good or bad. If it attempts to do so, it will be<br \/>\ninfluenced by the reality and limited by its experience, which is why human debates tend to be<br \/>\ncategorized into male\/female, rich\/poor and black\/white divides.<\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">Thus, the drug causing the greatest addiction in the west is not heroin or even crack<br \/>\ncocaine, but rather the slogan of freedom. It is a slogan behind which politicians hide<br \/>\nwhilst subjugating a society to their whims and desires. The intoxication induced by freedom<br \/>\nhas befogged the minds of many to recognise the fraud of freedom. <\/span><\/span><\/p>\n<p><span style=\"color: #003366; font-family: georgia,arial,tahoma; font-size: large;\"><span style=\"color: #006633; font-family: verdana,arial,tahoma; font-size: small;\">&#8216;He who adopts an opinion based on his aql, he will reserve himself a place in the<br \/>\nhellfire&#8217; (Bukhari and Muslim)<\/span><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u00a0 by\u00a0 Mazhar Khan Pathan \u00a0&nbsp; Introduction In the defence of freedom, Islam is often accused of being unable to deal with modern day problems. Below we look at why the contrary is true.&#46;&#46;&#46;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[87,13],"class_list":["post-432","post","type-post","status-publish","format-standard","hentry","category-about-islam","tag-crime","tag-islam-2"],"_links":{"self":[{"href":"https:\/\/investigate-islam.com\/web\/index.php?rest_route=\/wp\/v2\/posts\/432","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/investigate-islam.com\/web\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/investigate-islam.com\/web\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/investigate-islam.com\/web\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/investigate-islam.com\/web\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=432"}],"version-history":[{"count":2,"href":"https:\/\/investigate-islam.com\/web\/index.php?rest_route=\/wp\/v2\/posts\/432\/revisions"}],"predecessor-version":[{"id":434,"href":"https:\/\/investigate-islam.com\/web\/index.php?rest_route=\/wp\/v2\/posts\/432\/revisions\/434"}],"wp:attachment":[{"href":"https:\/\/investigate-islam.com\/web\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=432"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/investigate-islam.com\/web\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=432"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/investigate-islam.com\/web\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=432"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}