Must the wife take an oath when the ruling accepts her statement regarding permission before consummation?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The wife is not required to take an oath if her statement is accepted as the primary ruling, analogous to when a husband claims a marriage and the wife denies it. This opinion is held by the Qadi and Abu Hanifa.
Supporting text
Al-Shafi'i, Abu Yusuf, and Muhammad hold that the wife must take an oath. If she refuses (nakul), Abu Yusuf and Muhammad rule that the marriage is established, while Al-Shafi'i rules that the husband must swear an oath, and then the marriage is established. The primary view holds that an oath is not required because the dispute concerns the marital status, which is not established solely by the refusal to swear, nor is the claimant (husband) required to swear when the denial comes from the defendant (wife), just as if the husband claimed the marriage originally and she denied it.