What constitutes the necessary evidential suspicion (Lawth) required for the invocation of Qasamah (oath-taking by relatives)?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
One reported opinion concerning Lawth transmitted from Ahmad is that it is manifest enmity between the slain person and the defendant, such as the enmity between the Ansar and the Jews of Khaybar, or between tribes, clans, and villagers engaged in bloodshed and warfare. Lawth is established when there exists enmity that strongly suggests the defendant is the killer, such as in the case where a body is found in Al-Masjid Al-Haram and one examines those who had previous malice against the deceased. Al-Qadi restricted Lawth only to enmity. When two parties fight and a casualty remains upon separation, Lawth is established against the group of the slain and the group of the killers, even if the fighting involved only the exchange of arrows without direct contact. The definitive position supported by Ahmad's narration and the text of Al-Kharqi is that in the presence of enmity, it is not required that only the enemy remains at the location of the killing.
Supporting text
Al-Qadi stipulated that the deceased must be found in the enemy's territory where no one else is mixed with them, following the precedent of an Ansari killed in Khaybar where only Jews were present, as the presence of others introduces doubt. However, Al-Qadi later contradicted this by accepting enmity as Lawth even when others were present in a confined space where a killing occurred if enmity was present between one of the crowd and the deceased.