The ruling on the married man in stoning with only a marriage contract
Machine translationRead the Arabic original
Question:
If a man contracts a marriage with a woman but does not consummate it, and then he commits zina (unlawful sexual intercourse), is he executed and considered a muhsan (married man), or not?
Answer:
He is not considered a muhsan by the contract alone; rather, consummation through a valid contract is required so that he has tasted the lawful that Allah has permitted for him. If he commits zina while Allah has made him self-sufficient with the lawful, that is the one who is stoned. As for the mere contract, he is considered a virgin. A virgin is flogged one hundred lashes. Allah the Exalted said:[An-Nur 24:2] The Prophet (peace and blessings be upon him) said: A virgin with a virgin is one hundred lashes and one year of exile. A married man with a married man is one hundred lashes and stoning. So the one who contracted a marriage but did not enter her and did not have intercourse with her is considered a virgin, unless he had married before and had intercourse with his wife, even if it was at the beginning of his life. If he had married and had intercourse with his wife, even once, even at the beginning of his life, he is considered a married man (thayyib), even if he marries at the end of his life and has no wife; he is considered a married man (thayyib). Yes.
If a man contracts a marriage with a woman but does not consummate it, and then he commits zina (unlawful sexual intercourse), is he executed and considered a muhsan (married man), or not?
Answer:
He is not considered a muhsan by the contract alone; rather, consummation through a valid contract is required so that he has tasted the lawful that Allah has permitted for him. If he commits zina while Allah has made him self-sufficient with the lawful, that is the one who is stoned. As for the mere contract, he is considered a virgin. A virgin is flogged one hundred lashes. Allah the Exalted said:
lash each one of them with a hundred
فَاجْلِدُوا كُلَّ وَاحِدٍ مِّنْهُمَا مِائَةَ
Source
زنا من تزوج ولم يدخل بامرأته — alfawzan.live
The Arabic text is a machine transcription of the audio recording.
