What is the governing principle when a husband denies the stipulated Mahr claimed by his wife, whether before or after consummation?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The statement of the wife is accepted upon her oath concerning what aligns with the value of her customary Mahr (Mahr al-Mithl), even if the husband claims he paid it, she released him from it, or she is owed nothing. This view is held by Saeed ibn al-Musayyab, Al-Sha'bi, Ibn Shubrumah, Ibn Abi Layla, Al-Thawri, Al-Shafi'i, Ishaq, and the Companions of the Opinion (Ahl al-Ra'y). The foundational evidence is the Prophet's statement: "The oath belongs to the defendant (the claimant of discharge)." Furthermore, the husband claims to have delivered a right owed, which cannot be accepted without evidence, similar to claiming payment of a price, or similar to the ruling before consummation.
Supporting text
It is narrated that the Seven Jurists of Medina held that if the denial occurs after consummation, the husband's statement is accepted because consummation settles the Mahr debt. Al-Malik affirmed this. His followers explained this position by citing the local custom in Medina where Mahr was often paid immediately, meaning the woman does not surrender herself without receiving it, thus the apparent situation favors the husband after consummation.