Excuses That Preclude the Execution of Punishment for Intoxication and Public Intoxication Offenses

Section 21.      Excuses That Preclude the Execution of Punishment for Intoxication and Public Intoxication Offenses

1. The defendant is excused from the punishment when the offense is proven on the defendant’s admission if the defendant retracts his testimony at any stage before or during the execution of the punishment. Escaping from the execution of the punishment is evidence of retracting the testimony.
2. The defendant is excused from punishment when the offense is proven on witnesses’ testimony and one or more witnesses
   1. Rescind their testimony; or
   2. Have lost their credibility; or
   3. Died before the execution of the punishment,

providing that less than two testimonies affirmed the offense. Any doubt arising from an erroneous belief in the legality of the act or other factual circumstances essential in proving an offense excuses the defendant from punishment.

1. Mistake of fact in that the substance consumed is an intoxicant or that intoxication is prohibited is excusable.
2. Duress and necessity are available defenses for intoxication and public intoxication offenses.

Explanatory Notes

Lack of knowledge of the prohibition for Muslims that intoxication is prohibited can be excused if the actor satisfies the court that his circumstances prevented him from knowledge of the prohibition. Lack of knowledge of the punishment is not an excuse. see 9 Ibn Qudamah, Al-Mughni wa al-sharh al-kabir at 331. With respect to section 20, as a general rule, scholars do not accept the testimony of a non-Muslim against a Muslim.