What is the legal status of the husband towards the woman if the judge accepts the wife's claim of marriage, even if the underlying reality is contrary?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
The permissibility (ibahah) of the husband resuming the relationship depends upon the inner reality of the matter (baṭin al-amr). If it is known that she is indeed his wife, the relationship remains permissible to him because his denial of the marriage does not constitute divorce (talaq), nor did he intend divorce by it. If it is known that she is not his wife, either due to the absence of a valid contract or because the marriage has already been dissolved (baynūnah), the relationship is not permissible for him.
Supporting text
There are two possibilities regarding acceptance in outward rulings (al-ẓāhir). One view permits the resumption because the judge has ruled the marriage established. The second view rejects resumption because the husband's admission (of being married to her) implies a prohibition against himself (that she is forbidden to him), and his statement is accepted regarding what affects him negatively (the prohibition) but not what affects him positively (the establishment of rights against him), similar to if a man married a woman and then claimed she was his foster-sister.