What is the ruling if the wife refuses to take the required oath (Nukul)?

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 10 · Bab 1

Open in Qurani

Primary text

If the wife refuses to take the oath, Al-Qadi states that judgment is not passed based on the refusal, as the matter itself (revocation) cannot be legally tendered. However, it is likely that the husband should then be made to swear the oath, and he retains the right of revocation. This follows the principle of returning the oath to the plaintiff (the husband), as the wife's refusal proves the husband's claim stronger. The oath is legislated for the stronger party, as the defendant holds possession (in property) or the presumption of innocence (in debt).