Is the prescribed penalty (Hadd) waived if the person who admitted to the crime subsequently becomes insane?

General Chapter

Al-Mughni

Book of Wounds

Book 47 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a prescribed legal penalty (Hadd) was established against an individual based on his own admission and he subsequently becomes insane, the penalty is not executed while he is insane. This is because his return (to sanity) is considered potentially valid, suggesting that if he were sane, he might retract his admission.