Whose statement is accepted when husband and wife disagree on the timing of conjugal duties that necessitate maintenance?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
When they dispute the commencement of the act that mandates maintenance, or the time it occurred—for example, if she claims it began a month ago and he claims it began a day ago—the statement of the husband is accepted. This is because he is making a denial, and the presumption is in his favor. Al-Shafi'i and the People of Opinion concur with this ruling.
Supporting text
Malik differed, stating that if the husband resides with the wife, his statement is accepted. However, if he is absent from her, the wife's statement is accepted from the day she referred the matter to the judge.