Whose testimony is accepted when spouses disagree about the timing of their mutual conversion to Islam before consummation?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If the husband claims they converted together, thus maintaining the marriage, and the wife claims one preceded the other, dissolving the marriage, the ruling follows the wife. This is because the presumption favors her position, as simultaneous conversion is unlikely. The principle dictates accepting the testimony of the party supported by the stronger apparent evidence, similar to accepting the claim of the possessor (owner).
Supporting text
Another view holds that the husband's testimony is accepted because the default state is the continuation of the marriage, and dissolution is an intervening event. Therefore, the testimony that upholds the original status prevails. Al-Shafi'i has two opinions reflecting these two views.