Is *Ihsaan* established by testimony stating 'He touched her' or 'He approached her'?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
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.