How is a claim of intentional homicide adjudicated when made against multiple individuals?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
When the claim is against more than one person, the claimant must designate one person as the intentional killer, stating clearly, 'This person intentionally killed him.' This is because the oath required to establish retribution (*qawad*) cannot be sworn against more than one person. If the claimant states one acted intentionally and the other mistakenly, this constitutes a killing not requiring retribution, leading to an oath against both. Half of the blood money (*diyah*) is taken from the estate of the intentional killer, and half from the *aqilah* (kin-group) of the mistaken killer. If the claimant asserts one acted intentionally but is unsure if the second acted intentionally or mistakenly, some jurists hold that the oath cannot be administered until certainty is established regarding the second person's intent, as the possible outcomes vary between *qawad* and *diyah*.
Supporting text
If the claimant later clarifies that the second person also acted intentionally, they may designate one for the oath. If the claimant clarifies the second acted mistakenly, the oath regarding mistake is established. If the accused confesses under oath after this clarification, the killing is established, and half the *diyah* is due from the confessor's personal estate, as it is established by confession, not by the oath itself, although one opinion suggests the *aqilah* is liable, which is countered by the principle that the *aqilah* does not bear liability for a confession.