Is a legal claim admissible if the defendant is not specifically identified?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
A legal claim is not heard if the defendant is a general group, such as the people of a city or neighborhood, or an unspecified individual or group without naming them specifically. This is the position held by Al-Shafi'i. The evidence for this ruling is that a claim involves a right, and such a right cannot be claimed against an unspecified party, mirroring the condition for all other claims.
Supporting text
The Companions of the Opinion (Ashaab Al-Ra'y) hold that such a claim is admissible, requiring fifty members of the accused group to take an oath. They cite the precedent where the Ansar claimed murder against the Jews of Khaybar without naming the specific killer, and the Messenger of Allah accepted their claim.