What is the ruling when a husband gives a sum of money as *mahr* (dowry), and then the parties disagree on the intention behind the transfer?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
If a husband gives one thousand units and then the couple disagrees, where the husband claims he gave it as *mahr* (dowry) and the wife claims it was a gift (*hibah*), the husband's declaration holds precedence without an oath. This is because the husband possesses superior knowledge regarding his own intent, which the wife cannot ascertain. This applies when the dispute is strictly about the intention (*niyyah*), such as the wife claiming she intended a gift while he intended the *mahr*.
Supporting text
If the dispute is over the wording (*lafz*), such as the wife asserting he said, 'Take this as a gift or present,' and he denies it, then the husband’s word is taken with his oath. This is because the wife is claiming a contract over his property, which he denies, resembling a claim of sale of his property to her.