Does a marriage contract void of consummation confer Ihsan?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
A marriage contract void of actual sexual intercourse does not confer Ihsan, even if seclusion occurred, penetration occurred outside the proper tract (anal intercourse), or nothing happened. This is because such an act does not render the woman previously married (Thayyib), keeping her within the category of virgins (Abkar), whose penalty is one hundred lashes and exile for one year, according to the established report. Consummation requires the disappearance of the glans into the proper vaginal tract (al-farj), as this defines the limit of intercourse to which rulings apply.