What is the ruling if a woman claims her husband is her brother by suckling relationship, but he denies it, and she presents no evidence?

General Chapter

Al-Mughni

Book of Fosterage (Breastfeeding)

Book 45 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the woman affirms that her husband is her brother by suckling relationship, but he denies it, and she fails to provide proof supporting her claim, she remains his wife according to the ruling authority. If this occurred before consummation (dukhul), she is not entitled to the dower (mahr) because she is admitting she does not deserve it. If she had already received it, the husband cannot reclaim it because he affirms it was rightfully hers. If this occurred after consummation, and she admits she knew they were siblings and willingly submitted to intercourse, she also forfeits the dower, as she confesses to being a willing adulteress. If she denies any part of this knowledge or compliance, she is entitled to the dower due to intercourse under a misconception (shubhah), and she remains his wife in the apparent ruling because her claim against him is not accepted.

Supporting text

Regarding the relationship between her and God (between herself and Allah Ta'ala), if she knows the truth of her admission, cohabitation and permitting intercourse are unlawful for her. She must flee from him and redeem herself by any means possible, similar to the ruling for a woman who knows her husband divorced her three times but he denies it.