Is the prescribed punishment (Hadd) obligatory for sexual intercourse (Watu') performed under a disputed marriage contract?

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The prescribed punishment (Hadd) is not obligatory for intercourse conducted under a disputed marriage contract. This ruling applies to forms of marriage such as Mut'ah (temporary marriage), Shighar (bride exchange), Tahlil (marriage for the purpose of re-marrying a thrice-divorced wife), marriage without a guardian (Wali) or witnesses, marrying a sister during her waiting period ('Iddah) after a final divorce from the first sister, marrying a fifth wife during the 'Iddah of the fourth divorced wife, and a marriage to a Majusi (Zoroastrian). This is the position held by the majority of scholars because the dispute concerning the permissibility of the sexual act introduces a legal doubt (Shubha). Punishments (Hudud) are averted by doubts.