What is the ruling on zinā (unlawful sexual intercourse) for an unmarried person after the marriage contract (aqd al-qirān) has been concluded: does it necessitate stoning or flogging?
One who has a marriage contract with a woman but has not yet consummated the marriage with her is not considered a muhsan (chaste, one who has engaged in lawful sexual intercourse), because the condition for ihsan (chastity/being a muhsan) is sexual intercourse within a valid marriage. This is agreed upon among the four Madhhabs. The prescribed punishment (hadd) for an unchaste fornicator (ghayr muhsan) is one hundred lashes and exile for one year. He should conceal himself with the concealment of Allah Almighty.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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