Definition of Muhsan
Fatwa No: 725

Question

Assalamu 'Alaykum. My question is: Does concluding the marriage contract make the man and women Muhsan or not? (I mean the marriage contract that is concluded for the first time) Thank you!

Answer

All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

A Muhsan, whose legal punishment (in case of committing adultery) is stoning, is the free and adult person who had vaginal  intercourse with his wife in a valid marriage. One is not considered Muhsan after concluding the marriage contract only.  Rather, he is considered as such once the marriage has been consummated and he has had vaginal intercourse with his wife. A woman also is considered Muhsanah if she meets such criteria. It is not a condition that the person is in a marital relationship when he commits an action that entails stoning him. Instead, anyone who divorced his wife or whose wife died is considered Muhsan if he meets the other conditions. The same applies to a woman who is divorced or whose husband died. 

Allaah Knows best.

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