Is sexual intercourse in a fundamentally void marriage contract (*nikah bātil*), such as marrying a married woman or a woman observing *'iddah*, subject to *hadd*?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 4 · Bab 1

Open in Qurani

Primary text

If both parties were aware of the illegality of the marriage contract itself (such as contracting marriage with a woman already married or one observing *'iddah*), they are considered adulterers (*zuānīyān*) and the prescribed *hadd* must be inflicted upon them. Paternity (*nasab*) does not follow from this union.