The ruling on one who has intercourse with his daughter while intoxicated

Question:
Your Eminence, Shaykh 'Abd al-'Aziz ibn Baz—may Allah preserve you and make you a pillar for the Muslims—please listen to me attentively and with focus; perhaps you will find a solution to the problem that has been presented to me. I am your sister, one of the teachers at one of the middle schools in al-Hasa. I noticed that one of the students was sad and deeply distressed, so I asked her about the reason. She began to shed tears profusely and raised her voice due to the intensity of her condition, which led me to ask her about the cause. She said, "Do you think you have a solution to my problem?" and so on. Then she said, "Perhaps Allah will guide me to the right opinion through your fatwa. I am here, barely able to find peace in sleep, food, or drink, because I am afflicted with a father who does not fear Allah and does not observe His limits. He is addicted to intoxication day and night, and that is a minor matter. The greater of it is that he once assaulted me and had intercourse with me, and I was a young girl, only fourteen years old. However, I did not know the ruling of Allah in this matter. When I reached middle school, I learned that this is a heinous and abominable act. I fear that if I tell anyone what happens to me daily, the wicked father will kill me. And if I prevent him, he is in a state of intoxication, and I do not know what will happen to me; perhaps he will kill me. What is your opinion, Your Eminence, on a solution to this problem of this afflicted student who has confided her secret to me? I was unable to do anything because I am a weak woman like her. May Allah preserve you and your honor from defilement?"

Answer:
We seek refuge in Allah. We ask Allah for well-being. This is among the atrocities of intoxication. We seek refuge in Allah. When one becomes intoxicated, he becomes... like a madman, and more vile than a madman. When one becomes intoxicated, he does not know his mother, nor his father, nor his daughter, nor his sister, because his mind is gone. We ask Allah for well-being. This is... we ask Allah to rectify her situation... we ask Allah to guide him, or to take him away.
This, and we seek refuge in Allah, is among the consequences of intoxication, and its consequences lead to disbelief in Allah. An intoxicated person may prostrate to other than Allah, curse Allah, curse the religion, and curse His Prophet, and it may lead him to even more than that. We ask Allah for well-being. He remains an apostate and a disbeliever even after sobriety. We ask Allah for well-being.

Question : Is the hadd punishment established against him?

The Shaykh: Who?

The student : In this case?

Answer: If it is established against him, he is killed. If it is established against him that he commits sodomy with his daughter, he is killed.

Question : And he is in a state of loss of reason, meaning in this condition?

Answer: In any case, we ask Allah to deliver her from his evil, because in this, there is a precedent that may not be missed. It may not be possible for him to obtain clear proof, because this is something that happens inside homes, and it may not be easy to actually verify it. But if the court knows this, it may have—God willing—another path. The one who submitted this card about the woman who mentioned that the girl complained to her about her condition, we advise him that if the woman he knows is able, she should bring her case to the court through discreet means, through ways that allow her to do so so that her father does not know anything about it.
The point is: that it is possible for her to bring her case to the court, so that the court looks into the circumstances and the indicators that point to the corruption of her father, or his intoxication, until... he takes charge of her protection and safeguarding from her corrupt father.
The point is: you are the one who submitted... we get to know the woman who wrote, but you are the one who submitted it. Convey to her from me that she should present to the court in al-Hasa what she has, by the possible means, by the ways of women, or by the ways... by the ways she is able to, so that the ruler takes charge of looking into it.