The legal consequence for a man who has sexual intercourse with a woman based on a judge's ruling derived from false testimony of marriage, when he knows she is not his wife.
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If a judge rules a marriage valid based on testimony when the woman was not actually his wife, she does not become lawful for him. The ruling is binding outwardly, and she must refrain from the man if she can. If he forces her, the sin falls upon him, not her. According to our companions and some Shafi'is, the man must receive the legal punishment (Hadd) for intercourse because he knew she was a non-mahram woman. Furthermore, she is forbidden from marrying anyone else, as this scenario could lead to the corruption of two men having intercourse with the same woman, one by apparent ruling and the other by inward reality.
Supporting text
A second opinion suggests no Hadd is applicable because the act involves a disputed matter of legality, creating a doubt (shubha). Another view from the Shafi'is is that she becomes lawful for a second husband, although this is prohibited by the judge's ruling. The view of Al-Qadi is that the marriage itself is valid. A narration from Ahmad, held by Abu al-Khattab, aligns with Abu Hanifa's opinion that the judge's ruling voids dissolutions and contracts.