Is retribution (Qisas) obligatory upon a drunkard who commits murder while intoxicated?
General Chapter
Al-Mughni
Book of Wounds
Primary text
Retribution is obligatory upon the intoxicated person if he kills while in his state of intoxication. This ruling is supported by establishing that the actions of a drunkard, like his slander, incur legal punishments (Hadd). If the Hadd is established for slander, then Qisas, which is purely the right of the individual victim, is even more incumbent. Furthermore, if Qisas and Hadd were not obligatory, it would lead to a situation where anyone intending to disobey God could drink intoxicants and then commit murder, adultery, or theft without incurring worldly or eternal punishment for their transgression, which is untenable. The ruling for intoxication is differentiated from divorce, as the latter can potentially be annulled while murder cannot.
Supporting text
An alternative view suggests that retribution is not obligatory because the person's intellect is impaired, rendering him similar to the insane, and as he is not accountable (Mukallaf), he resembles a minor or an insane person. This position is also related to the uncertainty regarding the validity of his divorce while drunk.