Dispute when a wife claims 'I have chosen for myself' and the husband denies that choice occurred?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 3 · Bab 2

Open in Qurani

Primary text

If a wife states, 'I have chosen for myself' (qad ikhtartu nafsi), and the husband denies that the choice took place, the husband’s statement prevails. This is because the husband is denying an act (the choice) which the wife could potentially prove through testimony, analogous to a case where the husband conditionally suspends divorce upon entry into the house, and the wife claims entry occurred while he denies it.