Is a husband's status of being 'muhsan' (married and having consummated the marriage) established if he denies the act of intercourse, despite paternity being established?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The status of 'muhsan' (which necessitates stoning upon adultery) is not established solely because paternity has been established. Paternity is established based on the possibility and likelihood of intercourse, whereas Ihsan requires the actuality (haqiqa) of the sexual act. Furthermore, if a woman has a child from her existing husband, and the husband denies having intercourse with her, her status of Ihsan is not established based on that specific relationship.