What is the ruling concerning the husband if the wife claims marriage and the husband denies it without supporting evidence from either party?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If the wife claims marriage, the husband is questioned. If he denies it and no evidence is presented, his statement is accepted without requiring an oath (yamin). This precedence is because if the wife, when a right is against her, is not put to an oath, then the person denying a right owed to him is even less likely to be sworn. However, there is an alternate view suggesting the husband should be made to swear, as the wife's claim was admitted due to its implicit inclusion of financial rights where an oath is prescribed.
Supporting text
The secondary view holds that the husband should be made to swear because the admission of the wife's claim rests on its implication of financial rights where an oath is legislated.