Whose oath is accepted regarding the dower (Mahr) of a minor or insane wife when the husband disputes it with the wife's guardian?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 1 · Bab 1

Open in Qurani

Primary text

When the husband and the father of the minor or insane wife disagree concerning the dower, the father acts in the place of the wife for the oath because he is swearing regarding his own actions. Furthermore, his assertion is accepted concerning what he admits regarding the dower, so his oath is heard therein, similar to the wife. If the father does not swear until the wife reaches maturity and regains sanity, the oath falls upon her alone because the right belongs to her. The father only swears because the oath is obstructed from her part, but when it becomes possible for her, the oath becomes her responsibility, analogous to a trustee when the children reach maturity before taking an oath in a matter requiring an oath from them.

Supporting text

If the minor or insane wife reaches maturity and gains sanity, the father's contradictory statement is not heard regarding the dower because the statement of the mature woman is accepted concerning the dower, and the right belongs to her solely.