Are legal punishments (*Hudud*) applicable to a drunk person who commits *zina*, theft, drinking alcohol, or slander?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The *hadd* for *zina*, theft, drinking alcohol, and slander applies to a person who commits these acts while intoxicated. This is supported by the Companions, may Allah be pleased with them, who obligated the *hadd* for false accusation (*Qadhf*) upon him because intoxication is a condition prone to such actions. Furthermore, the drunk person willfully brought about these prohibitions through a cause for which he is not excused, equating him to one who has no excuse. This ruling is preferred because exempting him from the *hadd* would lead people intending to commit such prohibitions to simply drink alcohol and act as they wish without facing consequence. Moreover, intoxication is a condition prone to and a cause for committing forbidden acts, meaning he caused these acts while he was sober.
Supporting text
It is argued that the *hadd* should not be applied because the drunk person lacks rationality, which constitutes a doubt (*shubha*) that should lead to the setting aside of the prescribed punishment, similar to a sleeping person. Additionally, in one narration, the divorce pronounced by a drunk person is considered invalid, aligning him with the status of a sleeper.