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f:714 -    Woman claims marriage, man denies it
 Country : Sharjah, UAE,
Name : Shahnawaz Khan
Question:     My question is that a woman is claiming to be the wife of a man and he in turn is denying it.  In this case, whose claim will be considered correct?  What does the Shariah say about this?
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Answer:     The Holy Prophet (Sallallahu alaihi wa sallam) said:  

Translation:  If people were granted whatever they claimed only on the basis of their claims, then surely some people would start claiming money, wealth and blood money, but the fact is that on the person making the claim, presenting proof which will be considered valid by the Shariah (of the claim) is Compulsory (Wajib) and on the person denying it, a vow is compulsory.  (Sunan Baihaqui, Hadith No. 21733)

In light of this Hadith, the jurists have said that if any woman claims to be the wife of a particular man and the man does not accept her as his wife, then the woman will be asked to present a valid proof of this.  If she does so, then her claim will be accepted and she will be declared as the wife of the man.  If the lady cannot present any proof, then the man will be asked to swear that she is not his wife.  If the man denies on oath, then they will be declared as non-Mahram for each other.

As given in Fatawa A’alamgiri, Vol. 4, Pg. No. 15.

And Allah Most High knows best.

Mufti Syed Ziauddin Naqshbandi Qadri

[Professor, Islamic Law, Jamia Nizamia,
Founder-Director Abul Hasanaat Islamic Research Center]
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