Whose statement is accepted when husband and wife disagree regarding maintenance (Nafaqah)?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The statement of the wife is accepted when the husband and wife dispute the provision of maintenance or when they dispute the exact time the maintenance payment was due to her. This is because the wife is making a denial (of fulfillment), and the default presumption is in her favor. The scholars who hold this view include Al-Shafi'i, Abu Thawr, and the People of Opinion (Ashaab Ar-Ra'y).
Supporting text
If the dispute concerns the possibility of the husband being wealthy (yasar) such that the wife demands the maintenance of the wealthy, or if she claims he was wealthy previously, the wife's statement is accepted if the husband is known to possess wealth; otherwise, the husband's statement is accepted. Furthermore, if the husband pays maintenance or clothing and the wife claims it was a voluntary gift (tabarru' wa hibah) while he claims it was fulfilling his legal obligation, the husband's statement is accepted as he is more knowledgeable of his own intention, similar to a debtor-creditor dispute over intention of payment.