Is the perpetrator subject to the prescribed punishment (Hadd) for fornication if the woman he claims as his wife denies the marriage and the act, but he admits to the act?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If a man admits to having intercourse with a woman, claiming she is his wife, but the woman denies the marriage, the prescribed punishment for him is waived because he has not confessed to fornication. Furthermore, no dowry (*mahr*) is due to her because she does not claim it. This view is supported by the narration from Muhanna, relaying Ahmad's opinion on the matter.
Supporting text
If the woman admits to the intercourse and confesses it was consensual fornication, neither party receives the prescribed punishment until the man repeats his confession four times, as the Hadd is not obligatory without four admissions. If the woman claims she was forced or that the identity was mistaken, the dowry is obligatory upon the man because he admitted the basis for it.