What is the liability for accidental death resulting from the Hadd punishment for drinking alcohol?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
If death occurs due to the prescribed beating for drinking alcohol, the liability (Daman) is affirmed according to Malik and the proponents of the view of Al-Ra'y (Hanafi school). Al-Shafi'i agrees if the number of lashes does not exceed forty. If the lashes exceed forty and death results, liability is due because the excess is considered Ta'zir (discretionary punishment). Regarding the amount of liability, there are two opinions. The first holds that half the blood money (Diyah) is due because the death results from a combination of a liable act and a non-liable act. The second opinion states that the Diyah is apportioned based on the number of lashes exceeding forty. Ali, may Allah be pleased with him, stated he would have no issue with any Hadd except that of the wine drinker, for whom he would pay the Diyah because the Prophet, peace be upon him, did not establish it for us.
Supporting text
The primary argument is that since this Hadd is established for the sake of Allah, no liability attaches for death resulting from its proper execution, just like other Hadd punishments. The excess beyond forty is considered part of the Hadd even if viewed as Ta'zir, and Ta'zir necessitates liability, making it equivalent to the Hadd in this regard. Regarding the tradition of Ali, it is authentically reported that the Prophet (PBUH) and Abu Bakr both administered forty lashes, and the Hadd is established by consensus, removing doubt.