he claims that she has already received the mahr (dower) while he has not yet consummated the marriage, her statement is upheld once she swears an oath.

If the two differ about whether intercourse has taken place—she saying, “He has lain with me,” and he replying, “I have not”—the ruling varies with the circumstances. Should there have been no conjugal entry and he merely secluded himself with her in her family’s house, his word is accepted upon oath. But if the seclusion occurred in his own residence before they had set up household and he says, “I did not touch her,” then her word is accepted with her oath. Some jurists add that whenever seclusion (khalwa) is unquestionably established, her statement concerning intercourse prevails with her oath, whether the seclusion was in her house or his. In both situations she must observe the waiting period (ʿidda).

If he divorces her while the matter stands thus, she is entitled to half the mahr if his statement is the one accepted and he swears the oath; but if her statement is accepted and she swears, she receives the entire mahr because intercourse is deemed to have occurred. Mere seclusion does not make the full mahr obligatory when both agree that no intercourse took place.

Mālik said: if the period of their life together stretches to about a year or so and the wife then demands the whole mahr, it is awarded to her. This question will be discussed separately in the chapter on the impotent husband (ʿannīn), God willing.