Is a Dhimmi woman considered to have established legal marital fidelity (ihsan) for a Muslim man?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If a Muslim marries a Dhimmi woman and consummates the marriage, both become established in fidelity (muhsanan). This follows the primary position that Islam is not a condition for ihsan, supported by Al-Zuhri and Al-Shafi'i. The evidence is the Hadith from Ibn Umar concerning the stoning of adulterous Jews, which confirms that the legal ramifications of adultery apply to them when the conditions are met.
Supporting text
Another narration attributed to Ahmad states that a Dhimmi woman does not establish ihsan for a Muslim man. Al-Malik holds a unique position where the Dhimmi woman establishes ihsan for the Muslim man, despite his agreement with those who require Islam generally, based on his principle that perfection is not required in both spouses.