Is a declaration of admission (*Iqrar*) valid from a mute person (*Akhras*)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the gesture of a mute person cannot be understood, a declaration of admission is not conceived from him. However, if his gesture is understood, he is subject to the prescribed legal punishment (*Hadd*). This is the position held by Al-Qadi, Al-Shafi'i, Ibn Al-Qasim (a companion of Malik), Abu Thawr, and Ibn Al-Mundhir. Their evidence is that the declaration of admission concerning a crime for which *Hadd* is prescribed is valid from one whose general declaration of admission is valid, just as it is valid from a speaking person.
Supporting text
The companions of Abu Hanifa hold that no *Hadd* is mandated based on his admission or even testimony (*Bayyinah*). This is because the gesture is subject to potential misinterpretation, creating a doubt (*Shubha*) which mandates the remission of *Hadd*, as *Hadd* is remitted by doubts. Furthermore, no *Hadd* is mandated based on testimony because there is a possibility that the mute person has a doubt he cannot express or make others aware of. The apparent view of Al-Kharqi is that *Hadd* is not mandated based on his admission because it is not sound, and *Hadd* is not mandated in the presence of a doubt, and gestures do not eliminate doubts. However, *Hadd* is mandated based on testimony (*Bayyinah*) because his accompanying statement is not considered valid.