What happens when two claimants for a woman's marriage both present contradictory evidence?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 3 · Bab 1

Open in Qurani

Primary text

If both claimants present clear evidence (*bayyinat*) regarding the marriage, the evidences nullify each other and are rendered void. The parties are then prevented from marrying her based on those proofs. The woman's admission cannot be used to favor one claimant over the other, nor can the fact that she resides in one claimant's house and under his custody (*yad*) be used as preference. This is because custody cannot be established over a free woman in this context. Division (*qismah*) is impossible here, and drawing lots (*qur'ah*) is also inapplicable because drawing lots necessitates an oath, which has no standing in establishing marriage.