Is the prescribed punishment (*Hadd*) applicable for drinking intoxicants under compulsion?

General Chapter

Al-Mughni

Book of Beverages (Intoxicants)

Book 53 · Issue 1 · Bab 1

Open in Qurani

Primary text

The prescribed punishment (*Hadd*) is only applicable if a person drinks intoxicants willingly (*mukhtaran*). If one drinks while coerced, there is no punishment nor sin, whether the coercion involves threat, beating, or being forced by physical restraint, such as having the mouth held open while liquid is poured in. This is based on the prophetic statement: "My Ummah is excused for error, forgetfulness, and what they are coerced into." Furthermore, if someone is forced to drink it to clear a blockage (*ghussah*) in the throat and finds no other liquid available, it is permissible due to necessity, as established in the verse concerning prohibition: "But whoever is forced by necessity, neither craving nor transgressing, there is no sin upon him" (Quran 2:173).

Supporting text

If the intoxicant is mixed with something that quenches thirst, it is permitted to drink it out of necessity to alleviate thirst, analogous to consuming carrion during severe hunger or to clear a blockage. However, if the intoxicant is drunk purely, or mixed with a small amount that does not satisfy thirst, or consumed for the purpose of medical treatment, it is not permissible, and the prescribed punishment applies.