***** For other Fatawa, please click on the topics on the left *****

List Of Topics

فتاویٰ > Miscellaneous

Share |
f:616 -    Woman claims to be the wife and the man denies it
Country : Sharjah,
Name : Shahnawaz Khan
Question:     Assalamalaikum Wa Rahmatullahi Wa Barakutuhu,

My question is that if a woman claims to be the wife of a man and that man is denying this, then whose claim will be accepted in this situation.  What does the Shariah say about this?

Answer:     Walaikum As Salam Wa Rahmatullahi Wa Barakutuhu,

The Holy Prophet (Sallallahu alaihi wa sallam) said:

Translation:  If people were granted only on the basis of claims, then some people would claim wealth and blood money, but the truth is that the person making the claim has to present evidence such as accepted by the Shariah and on the one denying it, an oath is compulsory.  (Sunan Baihaqui, Hadith No. 21733)

In the light of this Hadith, the Fuqaha (Jurists) have said that if a woman claims to be the wife of a man and the man denies it, then evidence will be demanded from the woman.  If she presents it, then her claim will be admitted and she will be accepted as the wife of the man.  If the lady is not able to present any evidence/proof acceptable to the Shariah, the man will be asked to deny the said claim on oath.  With this, the denial of the man will be accepted.  In this case, when the lady is unable to present any evidence and the man denies it on oath, then they are both strangers for each other.  As given in Fatawa A’alamgiri, Vol. 4, Pg. No. 15.

And Allah knows best.

Mufti Syed Ziauddin Naqshbandi Qadri,

[Professor, Islamic Law, Jamia Nizamia,
Founder-Director, Abul Hasanaat Islamic Research Center]
All Right Reserved 2009 - ziaislamic.com