Drinking wine is mentioned in the Holy Quran as a crime and a sin and it is strictly prohibited. In this respect, it is one of the hudud crimes, but since the penalty for it is not specified in the Quran, there is no certainty in terms of the hadd penalty.
Since there is no Āyah in the Quran regarding the punishment of drinking or khamr (intoxication), it is the hadiths that constitute the primary basis of the punishment of alcoholism and khamr. Reportedly, the punishment during the time of the Prophet (PBUH) for this crime was flogging and it was administered by using palm branches, shoes, hands, clothes, etc. However, an exact amount was not prescribed by the Prophet (PBUH). It is stated in the sources that the number is around forty. It is also true that there have been instances the Prophet (PBUH) did not punish someone for khamr.
Although the prohibition of drinking alcohol in Islamic law seems to be concerned only with preventing drunkenness, it is really based on a greater issue such as protecting the mind. The wise Allah almighty, observe the interests of his servants in his shar'i decrees. As a matter of fact, the basic principles of the protection of religion, life, property, mind, and generation known as maqasid al-sharī'a constitute the basis of public interest as a common value in law. In the event that the prohibition of alcoholic beverages and the religious and moral sanctions imposed for those who violate this prohibition are insufficient and the violations reach the extent of harming the public order, some legal sanctions that the legislature deems appropriate may be imposed. Indeed, the fact that people were administered different punishments for khamr during the time of the Prophet (PBUH) and Abu Bakr (RA) also allows such regulations to be made.
In fact, khamr or drunkenness is haram not only in the religion of Islam but also in other religions as well. According to fuqaha, the consumption of alcohol by non-Muslim citizens (dhimmi) is permissible and not considered a crime. However, it is a different story when it comes to a point that this person disturbs the public order. According to some Islamic scholars, those who get drunk among non-Muslims should also be punished. This punishment, again, is not for drinking but for being drunk and it is for the public benefit. Because drunkenness is not welcome in any religion. As a matter of fact, such a general acceptance results in more applicable and universal results in the context of public law from a practical point of view.
Although this study is based on Islamic law, the inclusion of prohibition in a non-Muslim society (for example, the practice in Sweden) in the research is based on a common denominator such as the public interest pursued in law. On one side, there is a prohibition based on the revelation that determines something to be haram, and on the other side, in a secular society, there are reservations about alcoholic beverages and restrictions that amount to a ban. In this case, the shared wisdom of sensible people, albeit secular, coincides with the provisions based on revelation in the determination of legal rules. In this context, can there be original examples that the mind can recognize something as good or bad without revelation and that the Muʿtazila and Maturidi understanding can be practical? Or, can the aims pursued under the normative provisions be universal? Answers to these questions are also sought in this specific study.