Is there a penalty (*hadd*) for a man who has sexual intercourse with a woman believing her to be his wife, upon being told she is his wife when she is not?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 1 · Bab 1

Open in Qurani

Primary text

There is no penalty (*hadd*) upon a man who has sexual intercourse with a woman, believing her to be his wife upon being informed, 'This is your wife,' even if she is not his wife. This ruling is universally agreed upon. The reasoning is that this act involves intercourse under the belief of permissibility in a situation where such belief is excusable. This is analogous to the situation where he is explicitly told she is his wife. Furthermore, penalties (*hudud*) are averted by genuine doubts, and this situation constitutes one of the greatest doubts.