Whose statement is accepted when parties agree to Khul' but disagree on the amount, type, immediacy, deferral, or description of the compensation?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 3 · Bab 1

Open in Qurani

Primary text

The statement of the woman is accepted. This opinion is explicitly narrated from Ahmad and is the view of Malik and Abu Hanifa. The primary evidence is that this is one type of Khul', and the woman is denying any increase in amount or description, placing the burden of proof (and the oath) upon the claimant (the husband), supported by the Prophet's saying: 'The oath belongs to the one against whom the claim is made.' Furthermore, since Khul' is inherently a rescission, it does not require the mutual swearing of oaths (tahaluf) needed to resolve disputes over the price in a sale contract.

Supporting text

A secondary narration attributed to Ahmad holds that the husband's statement is accepted because the Pudenda (sexual intimacy rights, al-but'u) leaves his ownership, so his statement regarding its compensation should prevail, analogous to a master dealing with a contract of manumission (mukataba).