AN ANALYSIS OF UNITED NATIONS CONVENTIONS ON PREVENTION AND CONTROL OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES: A CASE STUDY OF DOMESTIC IMPLEMENTATION IN NIGERIA.
CHAPTER ONE
1.0 GENERAL INTRODUCTION
1.1 Background to the Study
As the fear of the holocaust of a world war due to ideological differences subsides; as the cold war which has now and again brought the world to the brink of annihilation through nuclear weapons enters into a welcome détente, the world has found itself grappling with a new type of war caused by a canker worm which is gradually nibbling at its generation of humanity…this is the effect of narcotic drug abuse and trafficking in countries around the world.[1]
Drug use has been a part of human culture since antiquity[2]. Right from the earliest of time, humans, world over, have depended on the use of drugs for medicinal, recreational and spiritual purposes. For instance, the Bible mentions ‘mandrake’, which is a drug of plant origin.[3]The Bible states that Rachael allowed Leah to sleep with Jacob in exchange for a portion of ‘mandrake’ brought to Leah by Reuben4. This seemingly indecent affair shows just how coveted mandrake is to the ancient people. Again, under Islamic jurisprudence, the use of drugs has always found justification on the basic belief that for every ailment on earth, there is a cure[4]. There has also been the allegation that the ancient Muslim Shi’ite Sect called the Nizari Ismailis, who are also called the Hashshashin or Assassins, may have utilized hashish (a drug derived from cannabis) in their rituals to invoke mystical experiences in their quest for esoteric knowledge[5].
Medieval Muslim scholars had carried out much experimentation with various drugproducing plants, including the Cannabis plant, which produces ‘hashish’, for the purpose of curing ailments, reducing pain and for other purposes[6].
It soon became apparent, however, that despite all their perks, some drug producing plants possess a chemical compound known as toxic resin[7]. Toxic resin of drugs can be fatally harmful to the individuals who ingest it. With this discovery, it became necessary for authorities to regulate their use in order to protect the wellbeing of individuals and the society at large. Therefore, even in the olden days, community leaders controlled the use of such plants. In the Muslim world, such drugs are considered primarily as intoxicants due to their psychoactive effect, and therefore, are classified in the same category as alcohol. It is regarded as a sin in Islam for a Muslim to be intoxicated[8]. Hence, drugs are proscribed under Islamic Law as alcohol because they are intoxicants[9]. Allah Ta’ala states in the Holy Qur’an: O you who believe! Intoxicants and gambling, stone idols and divination are an abomination of Satan’s handwork.
Avoid (such abominations) that you may prosper[10].
The Holy Prophet Muhammad (pbuh) said in a narration reported by Ibn Umar that: Every intoxicant is Khmar (wine) and every intoxicant is Haraam (unlawful). Whosoever drinks wine in this world and dies whilst consumed in it (unrepentant) will not drink it in the next world[11].
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AN ANALYSIS OF UNITED NATIONS CONVENTIONS ON PREVENTION AND CONTROL OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES: A CASE STUDY OF DOMESTIC IMPLEMENTATION IN NIGERIA.
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