Is the presence of an odor necessary to establish the consumption of intoxicants following a confession?

General Chapter

Al-Mughni

Book of Beverages (Intoxicants)

Book 53 · Issue 3 · Bab 1

Open in Qurani

Primary text

The presence of an odor is not required to validate a confession regarding the consumption of intoxicants. The confession alone is sufficient, just as testimony (Shahada) regarding drinking is sufficient without requiring an accompanying odor.

Supporting text

Abu Hanifa held that the Hadd is not established unless an odor is also present. This view is refuted because the odor is treated as evidence, and evidence is not required to accompany a valid confession.