What is the ruling when a wife claims her husband divorced her and the husband denies it?
Chapter on Divorce by Calculation
Al-Mughni
Book of Divorce
Primary text
The husband's word is accepted. The default presumption is the continuation of the marriage contract and the absence of divorce. This principle holds unless the wife provides clear evidence (*bayyinah*) supporting her claim. This evidence must consist of two upright male witnesses (*'adlan*). It is stated that the testimony of one man and two women is not accepted in matters of divorce because divorce is not a financial matter, nor is its primary objective finance, and men are generally aware of it. Thus, only two upright male witnesses are accepted, similar to the rulings for statutory penalties (*hudud*) and retribution (*qisas*).
Supporting text
There are two differing opinions regarding whether the husband should be required to swear an oath if no evidence is presented. One view, considered correct, is that he must swear, based on the Prophetic statements, 'The oath belongs to the one against whom the claim is made' and 'The oath belongs to the denier.' The second view is that an oath is not required in matters of marriage or divorce because a judgment cannot be rendered based on the refusal to swear an oath (*nukul*), just as in a case where a woman denies an existing marriage.