Section: If the couple dies and their heirs disagree, the heirs of each person take their place, except that whoever among them takes an oath regarding confirmation swears with certainty, and whoever swears regarding denial swears to the denial of knowledge; because he is swearing to the denial of the act of another. Al-Shafi'i held this view as well. Abu Hanifa said: If one of the spouses dies, it is the same, but if both spouses die and the wife’s heirs claim there was a specific dowry, and the husband’s heirs deny it entirely, no judgment shall be passed against them. His companions said: He only stated that when a long time has passed; because it becomes impossible to refer back to the dowry of a similar woman (mahr al-mithl), as this requires consideration of qualities and time periods. Muhammad ibn al-Hasan said: A dowry of a similar woman is adjudged. Zufar said: Ten dirhams, because it is the minimum dowry. Our argument is that whatever the contracting parties disagreed upon, their heirs take their place, just like in the case of those who engage in sale. What they mentioned is not correct, because the right is not voided due to the passing of time, nor is it impossible to refer back to it, just like the values of all other destroyed property.

Section: If the husband and the father of a young girl or a mentally incapacitated woman disagree, the father takes the place of the wife in the oath; because he is swearing to his own act, and because his statement is accepted regarding what he acknowledges of the dowry, so his oath is heard concerning it, just like the wife. If he does not take the oath until she reaches puberty and is of sound mind, then the oath is upon her instead of him; because the right belongs to her, and he only takes the oath due to the impossibility of the oath from her side; so if it becomes possible for her, the oath becomes hers, just as when a guardian’s oath is accepted after children reach maturity regarding what he swears upon. As for the father of a virgin who is an adult and of sound mind, his objection is not heard; because the adult woman’s statement is accepted regarding the dowry, and the right belongs to her, not him. As for other guardians, they do not have the right to marry off a young girl, except according to one narration regarding a girl of nine years, and they do not have the right to marry her off for less than the dowry of a similar woman. If he marries her off for less than the dowry of a similar woman, the dowry of a similar woman is established without an oath. If he claims that he married her off for more than the dowry of her similar, the oath is upon the husband; because the statement is his statement regarding the amount of the dowry of a similar woman.