What constitutes valid testimony regarding inebriation (Khamr)?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
Testimony regarding inebriation requires the testimony of two just, adult Muslim men. No further specification regarding the type of intoxicating substance is required because intoxication, unlike fornication (Zina), does not have constituent elements that necessitate differentiation between that which incurs the prescribed punishment (Hadd) and that which does not. The Prophet, peace be upon him, stated that the eyes and hands commit fornication, and the private parts confirm or deny it, necessitating detailed testimony in that case. Since only that which intoxicates is termed 'intoxicant,' no further categorization is needed for the testimony regarding Khamr. Furthermore, the testimony does not require mention of the absence of coercion or the witness's knowledge that the substance was intoxicating, as choice and knowledge are presumed to be the normal state. This principle was not considered necessary by Uthman in the testimony against Al-Walid ibn Uqba, nor by Umar in the testimonies against Qudama ibn Maz'un or Al-Mughira ibn Shu'ba. Similarly, in testimonies concerning manumission (IT'aq) or divorce (Talaq), the element of choice does not need explicit mention.