The ruling on a wife’s claim of lack of consent after consummation

The questioner : She did not consent afterwards, with the bleeding, meaning she did not consent to the situation.

The Shaykh : Okay, if she did not consent, does that mean she initially disliked the affection, but when the husband entered her, she was pleased with him?

The questioner : I mean, did she endure it? For example, what remained of the longing afterwards? Did she not endure it?

The Shaykh : The point is, if she did not return, she has the right to claim her right. If she claims it and brings her case to the judge, he separates them. If she remains silent and says, “Perhaps Allah, Glorified and Exalted is He, will make me love him,” or something similar, the right is hers. But it remains to be said: if she claimed she was unwilling, and her father said, “No, she is willing. I did not marry her off without consulting her. We absolutely did not consult her, right?” What is the default? Is the default consent or lack of consent? What is the default, people? Everything that exists, the default is its non-existence.
Whoever claims the existence of something, the default is its non-existence. This is the rule. Is the default for things existence or non-existence? The default is non-existence. So, if her father claims she consented and she says, “I absolutely did not consent,” the default is non-existence. Clear? Okay, but the scholars said that if this claim is made before consummation, she is believed, and if it is after consummation, she is not believed, because after consummation she has made herself available, so she is not believed. However, this opinion in its absolute form is questionable, because a person may threaten his daughter and force her, and Allah forbid, if you do not make yourself available, I will kill you. This exists among people who do not fear Allah, and may Allah protect us. So she makes herself available for consummation, and then afterwards she raises the matter. She gets the opportunity and informs the ruler of it. So, this statement made by the jurists, may Allah have mercy on them, in its absolute form is questionable, and one must look at the circumstances. If we know that this woman is a committed woman, and the one who married her off is a man who is not committed, and that she does not usually accept such a man, and that his reputation is known for not caring about such matters, and that he is an arrogant man, then here we accept her statement, even if it is after consummation, because the apparent situation testifies to the truth of her statement. And if the matter is the opposite, then every situation has its own ruling.