What is the ruling if a man commits fornication with a woman and subsequently marries her or purchases her?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 2 · Bab 1

Open in Qurani

Primary text

The prescribed punishment (Hadd) is obligatory upon both parties if a man commits fornication with a woman and subsequently marries her or purchases her. This position is adopted by the majority of scholars, relying on the general application of relevant Quranic verses and Sunnah, which mandate the Hadd when the necessary elements are present.

Supporting text

Abu Hanifa opines that no Hadd applies in this case, arguing that his right to the benefit (usufruct) derived from her constitutes a doubtful circumstance (shubha).