Whose statement is accepted when the husband and wife dispute the date a judge decreed maintenance?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
If they dispute the date a judge decreed maintenance, and the husband states it was decreed one month prior, while the wife claims it was decreed one year prior, the husband's statement is accepted. Al-Shafi'i and the People of Opinion hold this view.
Supporting text
Malik ruled that if the husband resides with the wife, his statement is accepted; but if he is absent, the wife's statement is accepted from the date she referred the matter to the judge.