Does testimony stating a man 'entered' (dakhala) his wife establish *Ihsaan* (lawful wedlock for stoning purposes)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The established opinion of our jurists holds that testimony affirming that a man 'entered' his wife establishes *Ihsaan*. This is because the understood meaning of the term 'entry' (*dukhool*) is equivalent to the understood meaning of the term 'sexual intercourse' (*mujāma'ah*). No evidence is explicitly mentioned for this ruling in the provided text other than the conceptual equivalence of the terms.
Supporting text
Muhammad ibn al-Hasan holds that this testimony is insufficient unless the witnesses explicitly state that he 'had intercourse with her' (*jāma'ahā*) or 'penetrated her' (*bāḍa'ahā*) or similar phrasing. This is because 'entry' can also refer merely to seclusion (*khulwah*), and its legal consequences (such as establishing marriage validity) are based on that lesser meaning.