Who speaks the truth when a husband claims consummation and revocation (Rij'a) while the wife denies it?

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the husband claims, 'I have consummated the marriage with you, and I revoke [the divorce]', but the wife denies this, the statement of the denier is accepted. The principle (al-Asl) supports the denier, and the status quo is not overturned except by certainty. The husband has no right of revocation in this situation because his denial of consummation implies an admission of permanent separation (Baynuna) and forfeiture of the right to revocation.

Supporting text

If the wife claims, 'He has consummated the marriage with me,' but the husband denies it, the statement of the wife is accepted, and she is only entitled to half the dower, assuming the dower was not fully paid. If she denies it, she admits she is only entitled to half the dower, and if he denies it, his statement is accepted.