Is maturity (*Bulugh*) and sanity (*Aql*) a condition for the obligation of the *Hadd* punishment for *Zina* and the validity of the confession?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 3 · Bab 1

Open in Qurani

Primary text

Maturity and sanity are unquestionably considered for the obligation of the *Hadd* punishment and the validity of the confession. This is because the pen has been lifted from the child and the insane person; thus, their speech carries no legal consequence. This is supported by the narration from Ali, peace be upon him, stating that the pen is lifted from three categories until they awaken, reach puberty, or regain sanity, respectively: the sleeper, the child, and the insane person. Evidence regarding the insane is further demonstrated when Umar initially ordered the stoning of an insane woman who had committed *Zina*, but Ali ibn Abi Talib intervened, reminding Umar that the ruling against the insane is suspended, leading Umar to retract the order.