Is the prescribed punishment (Hadd) mandatory for adultery committed by a person who alternates between sanity and insanity?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 1 · Bab 1

Open in Qurani

Primary text

The prescribed punishment for adultery is mandatory if the individual confesses to the act while lucid (in a state of wakefulness/sanity) or if witnesses testify that the act occurred during their lucid state. There is no known disagreement on this matter. This is the position held by Al-Shafi'i, Abu Thawr, and the companions of Ra'y (Hanafi school). The evidence rests on the fact that the adulterous act, which necessitates the punishment, occurred during a time when they were legally accountable (Mukallaf) and the pen of responsibility was not lifted from them, and their confession occurred when their speech was validly considered. Abu Dawud narrated an account involving a mentally afflicted woman before 'Umar, where 'Ali suggested the act might have occurred during her affliction.

Supporting text

If the individual confesses to adultery during lucidity but does not attribute the act to that state, or if witnesses testify to the adultery without attributing it specifically to the lucid period, the punishment is not mandatory. This is because the possibility remains that the act occurred during the period of insanity, and punishment is suspended in the presence of such doubt.