Must both parties possess complete status (freedom, maturity, sanity) at the time of intercourse for Ihsan to be established?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The seventh condition is that perfection must exist in both parties at the time of intercourse; thus, a sane, free man must penetrate a sane, free woman. This is the view of Abu Hanifa and his companions, and similarly attributed to 'Ata, Al-Hasan, Ibn Sirin, Al-Nakha'i, Qatadah, Al-Thawri, and Ishaq concerning slaves.
Supporting text
Malik held that if only one party is complete, Ihsan is established, except when a minor man penetrates a mature woman, in which case she is not rendered married. Al-Shafi'i has two reported opinions: one aligning with the majority above, and another stating that the complete person becomes married (Muhsan). The justification for the majority view is that if intercourse does not confer married status upon either participant, it does not confer it upon the other, similar to concubinage. Furthermore, if one party lacks perfection, the intercourse is incomplete, and thus Ihsan is not established, unlike the analogies drawn by opponents.