What is required when a man claims the continuation of the marital state without claiming the original contract?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If a man claims the continuation (*istidamah*) of the marriage rather than the contract itself, in one of the two scholarly opinions, he is not required to state the conditions. This is because the continuity of the marriage is established through widespread reputation (*istifadah*), and requiring testimony for reputation-based status would be unduly burdensome.
Supporting text
In the second opinion, stating the conditions is necessary because claiming the continuation of the marital state is equivalent to claiming the contract of marriage.