Is *Ihsaan* established by testimony stating 'He touched her' or 'He approached her'?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the witnesses state that he 'touched her' (*bāsharahā*), 'handled her' (*massahā*), 'struck her/came upon her' (*aṣābahā*), or 'came to her' (*atāhā*), *Ihsaan* should not be established. This is because these terms are frequently used to describe actions less than complete sexual penetration, which carries the possibility of doubt, thereby preventing the establishment of *Ihsaan* required for capital punishment.