Punishing a Muslim who breaks the fast in public during Ramadan is a matter of public order and religious sanctity within Islamic jurisprudence. While fasting is a personal act of worship between the believer and Allah, openly violating this pillar of Islam in a Muslim society is considered a breach of public ethics.
Scholars affirm that state authorities have the right to enact penalties, such as fines, for this behavior, provided specific conditions are met regarding who implements the punishment.
The Gravity of Intentional Fast-Breaking
Fasting during Ramadan is one of the five pillars of Islam. Breaking the fast intentionally without a valid legal excuse (such as illness or travel) is considered a grave sin (Kabirah).
From a spiritual perspective, the individual risks severe punishment in the Hereafter and is urged to repent immediately. From a societal perspective, doing so openly is viewed as a violation of the month’s sanctity and a disregard for the community’s collective worship.
State Authority vs. Vigilantism
A crucial distinction in Islamic Law is who has the right to enforce such punishments.
- The Ruler’s Prerogative: The implementation of discretionary punishments (Ta’zir) lies solely with the legitimate ruler or state authorities. It is permissible for the government to enact laws—including fines or other suitable deterrents—to prevent public disregard for Ramadan. This serves to uphold the sacred status of the month.
- Prohibition of Vigilantism: Ordinary individuals, groups, or organizations do not have the right to take the law into their own hands. Punishing someone for eating in public is not the domain of the public; doing so creates chaos. The role of the individual is limited to advising or reporting to authorities if necessary.
The Role of Counseling
Scholars emphasize that punishment should not be the only tool. There is a significant need for counseling and education. Authorities and communities should aim to understand why individuals are breaking the fast and provide spiritual guidance to help them reconnect with their faith, rather than relying solely on punitive measures.