What is the ruling if a person initially sentenced for fornication as an unmarried person is later found to be married (Muhsan)?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 1 · Bab 1

Open in Qurani

Primary text

If an adulterer initially flogged as an unmarried person (Bakr) is subsequently discovered to be married (Muhsan), he must be stoned (Rajm). This is supported by the report from Jabir where the Prophet (PBUH) ordered flogging, but upon learning the person was married, he ordered stoning. This is because the complete required penalty necessitates bringing both components together; having performed part of the requirement, completion is mandatory. Alternatively, if they were not married, the required punishment was not fulfilled, thus necessitating its complete enactment.