Whose testimony is accepted when spouses disagree about the timing of conversion to Islam after consummation regarding the continuation of the marriage?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 3 · Bab 3

Open in Qurani

Primary text

If the husband states they converted simultaneously or that the wife converted during the waiting period (Iddah), thus maintaining the marriage, and the wife claims the second conversion occurred after the Iddah, dissolving the marriage, there are two stances. The first is that the husband's testimony is accepted because the default status is the continuation of the marriage.

Supporting text

The second stance supports the wife's testimony, as the default assumption is the non-conversion of the second spouse.