Whose testimony is accepted regarding the timing of conversion when it affects the right to half the dower (mahr) before consummation?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If the wife claims she converted before the husband, thus meriting half the dower, her testimony is accepted. This is because the dower was established by the contract, and the husband is claiming something that nullifies it. The presumption favors the established right (the dower), and since his claim lacks counter-evidence regarding the presumption, the original ruling stands.
Supporting text
If both agree that one converted before the other, but neither knows who, the wife is entitled to half the dower, according to Abu Al-Khittab. Conversely, Al-Qadi holds that if she has not received the dower, she receives nothing due to doubt regarding her entitlement, which does not establish a right. If she already received it, she does not have to return it due to doubt concerning the right of recourse. The former opinion is considered stronger because certainty is not removed by doubt, following the principle established in issues of purification (Taharah).