What is the ruling on accepting the Muuli's claim of prior intercourse if the wife is a virgin (Bikr) and disputes the claim?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
If the wife was a virgin and they disagreed on consummation, they are to be examined by trustworthy women. If the women testify to her prior marriage (i.e., she is Thayyib), the husband's statement is accepted with his oath. If they testify to her virginity, the wife's statement is accepted, because if he had intercourse with her, her virginity would have been lost.
Supporting text
The apparent view of Al-Kharqi is that no oath is required in this case, as testimony supports the wife's claim, thus negating the necessity of an oath.