Must the prescribed legal punishment (Hadd) for intoxication be postponed until the person becomes sober?

General Chapter

Al-Mughni

Book of Beverages (Intoxicants)

Book 53 · Issue 1 · Bab 1

Open in Qurani

Primary text

The prescribed legal punishment (Hadd) for intoxication must not be administered while the individual is intoxicated; it must be postponed until sobriety is achieved. This ruling is supported by Umar ibn Abd al-Aziz and Al-Sha'bi. Furthermore, Al-Thawri, Abu Hanifa, and Al-Shafi'i hold this view. The rationale is that the objective of the Hadd is deterrence and exemplary punishment, which is best achieved when the offender is conscious, thus necessitating the postponement until that state is reached.