What is the requirement for the Had (legal punishment) concerning intoxicating drinks?

General Chapter

Al-Mughni

Book of Beverages (Intoxicants)

Book 53 · Issue 1 · Bab 1

Open in Qurani

Primary text

The Had is obligated only upon one who drinks an intoxicant knowing that the majority of it causes intoxication. This is the position held by the general body of scholars. The basis for this ruling is established because the individual is cognizant of the prohibition and intends to commit the transgression by consuming it, which is analogous to a person being presented with a woman who is not his wife. If one drinks it without knowing its prohibition, there is no Had upon him because 'Umar and 'Uthman stated that there is no Had except upon one who knows of the prohibition. This is because not knowing the prohibition makes the act analogous to one who did not know the substance was wine.