Is a confession (*Iqrar*) made while intoxicated legally valid?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 4 · Bab 1

Open in Qurani

Primary text

A confession of *zina* made while intoxicated is not considered valid. This is because the intoxicated person does not know what he is saying, and his statement does not indicate the truthfulness of his report, placing him in the same category as a sleeper or an insane person. Evidence supporting this is the narration of Buraydah that the Prophet, peace and blessings be upon him, sought to confirm the state of Ma'iz by smelling his breath (reported by Abu Dawud). This action was taken to ascertain whether he was intoxicated or not; if the confession of a drunk person were accepted, there would be no need to verify his state to establish his innocence.