What is the ruling on a dispute over the nature of property transfer when the transfer is customary as a gift?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
There is a narration attributed to Malik stating that if the transferred item is customarily given as a gift (like clothing or a ring), then the wife's statement holds precedence because the apparent situation favors her position. Otherwise, the husband's statement prevails.
Supporting text
The primary evidence supports the ruling that the owner's statement prevails, as the dispute concerns the quality of the transfer of ownership to her possession, akin to a situation where one entrusts an item and the recipient claims it was a gift.