Is a wife's claim concerning marriage rights (like dower or maintenance) permissible in court?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
The wife's claim, when asserting marriage alongside a recognized right derived from it, such as dower (sadaq) or maintenance (nafaqah), must be heard by the judge. This is established without known disagreement because she claims a right belonging to her, attributing it to its proper cause. If the wife brings a sole claim of marriage without mentioning ancillary financial rights, the claim must still be heard because marriage is the basis for rights belonging to her, analogous to a claim of sale (bay'). If evidence proves the marriage, all rights contingent upon the marriage are established for her.
Supporting text
A dissenting view suggests the claim of marriage alone should not be heard because marriage is a right belonging to the husband over the wife, meaning she cannot claim a right belonging to someone else.