What is the ruling when a husband and wife disagree regarding the wife's prior permission given to her guardian for marriage before consummation?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The statement of the wife is accepted regarding the lack of permission given to her guardian for marriage before consummation, according to the majority of jurists. The evidence is that the wife is denying the permission, and the statement of the denier is accepted. Furthermore, the husband claims she was asked for permission and remained silent, which implies consent. The default established ruling is the absence of such consent, which refutes the husband's claim regarding the silence.
Supporting text
Zufar holds that for a previously married woman (thayyib), the ruling aligns with that of the majority of scholars. However, for a virgin (bikr), the statement of the husband is accepted because the default is silence, and the claim of permission is an occurrence contrary to the default. Since the husband claims the default (silence), his statement is accepted.