What is the ruling if a man and a woman are found kissing without evidence of actual intercourse?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If a man and a woman are found kissing, and it is unknown whether intercourse occurred, no fixed punishment (Hadd) is due. If they both claim to be married and agree upon this claim, their statement is accepted. This view is held by Al-Hakam, Hammad, Al-Shafi'i, and the Ashab Al-Ra'y.
Supporting text
If they are witnessed committing adultery and then claim to be married, the Hadd is established upon them unless there is proof of their marriage contract. This position is held by Abu Thawr and Ibn Al-Mundhir, as the witness testimony of adultery negates their marriage claim, and their mere verbal assertion does not nullify the testimony. An alternative possibility suggests the Hadd should be waived if it is unknown whether the woman is an unrelated stranger (ajnabiyyah), treating their claim as a plausible doubt (shubhah).