The Husband Claims Written Permission for the Nikah and the Woman Denies It: What Is the Ruling?

Question

A man says: “Such-and-such a woman gave me permission, saying, ‘Go and contract nikah with me.’ So I went and contracted the nikah before two witnesses.” He also says: “She gave me a written permission and even signed it.” But the woman denies everything: “I gave him neither verbal permission to contract the nikah nor any written document; this man is lying.” The question is: whose word is to be accepted in this case?

Answer

If this man has witnesses who are, according to the Shari‘a, maqbul al-shahada (persons whose testimony is acceptable), in whose presence the woman gave verbal permission or wrote a written one, then their testimony is valid and the nikah is valid.

Source: Fatawa Mahmudiyya

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