What proves the consumption of intoxicants necessitating the prescribed punishment (Hadd)?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
The consumption of intoxicants necessitating the Hadd punishment must be established by one of two things: confession (Iqrar) or conclusive evidence (Bayyinah). The confession requires only one instance for its validity, according to the majority of scholars. This is because it is a Hadd penalty that does not involve destruction of property, making it analogous to the Hadd for slander (Qadhf). If the confessor retracts their admission before the judge pronounces the judgment, the retraction is accepted because it is a right belonging to Allah (Hadd Lillah), and retracting is accepted in all such Hadds. The presence of an odor associated with drinking is not required to validate the confession.
Supporting text
It is reported from Abu Hanifa that the Hadd is not applicable unless an odor is present. This view is invalid because the odor is considered a form of evidence for drinking, just like testimony, and therefore its presence should not be a prerequisite for an admission. Furthermore, a person may confess after the odor has dissipated, and since it is an admission concerning a Hadd penalty, the admission itself should suffice, as is the case with other Hadds.