Is the oath prescribed in a dispute over the amount of Mahr?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The oath is prescribed for the party whose statement is accepted, as this is a dispute over a negotiable property right, making the oath applicable like in other financial claims. When accepting the statement of the claimant of Mahr al-Mithl, that statement is supported by an oath.
Supporting text
A narration attributed to Al-Qadi states that the oath is not prescribed in any matter related to marital status (Ahwal), because the dispute pertains to the marriage contract itself. Furthermore, there is an argument that refusing the oath entirely is appropriate because it is a claim in marriage, unlike sales contracts where mutual swearing leads to nullification and restitution of property. Prescribing the oath might lead to establishing an amount that neither party claimed, for example, if Mahr al-Mithl is 100, and the wife claims 80 while the husband claims 50, the court might award 20 upon mutual denial, which neither claimed was obligatory.