Does the apostasy (riddah) of a person in a state of intoxication become effective?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
There is disagreement concerning the apostasy of a person while intoxicated. According to one narration from Ahmad, the apostasy is valid, a position held by Abu al-Khattab and the school of Shafi'i. The evidence supporting validity is that the Companions treated the intoxicated person's subsequent slanderous speech as actionable slander, thus acknowledging legal effect in their state. Furthermore, the divorce issued by an intoxicated person is valid, therefore their apostasy should also be valid, similar to a sober person.
Supporting text
A dissenting view, held by the school of Abu Hanifa and another narration from Ahmad, asserts that the apostasy is not valid. This is because apostasy requires intent and belief, which are nullified by intoxication, rendering the state similar to that of a lunatic or a sleeping person. Since the intoxicated person is considered not subject to religious obligations (like prayer) and lacks the full capacity for intent, their apostasy is invalid. This position also suggests that their *istitaba* (calling them back to Islam) is postponed until they sober up.