Is the husband required to take an oath when denying the wife's claim regarding the end of her Iddah where her word is accepted?

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 9 · Bab 1

Open in Qurani

Primary text

When the husband denies the wife's claim in a situation where her word is normally accepted (such as claiming completion of Iddah in a possible timeframe), Al-Khiraqi, Al-Shafi'i, Abu Yusuf, and Muhammad hold that the oath is incumbent upon the wife. This is supported by the Prophet's saying, 'The oath belongs to the defendant (Al-Mudd'a 'alayhi).' Since the wife's claim involves a human right that can be truthfully affirmed, the oath must be taken, similar to financial claims.

Supporting text

Al-Qadi holds that according to the stricter application of the school, no oath is required, a view also attributed to Abu Hanifa, arguing that since the revocation (Ruj'a) itself cannot be legally tendered or enforced, the oath should not be required, similar to penal laws (Hudud). However, requiring the oath is superior because the claim is against the defendant, who is presumed innocent or holding the original status (like possession in property matters or discharge in debt).