What is the liability of two witnesses who retract their testimony after execution, amputation, or prescribed punishment (like stoning or lashing) has been carried out based on their testimony?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 1

Open in Qurani

Primary text

If two witnesses testify against a man regarding murder, grievous bodily harm, theft punishable by amputation, or adultery punishable by flogging or stoning, and punishment is executed, and subsequently the witnesses retract their testimony, they become liable for damages equivalent to what was destroyed by their testimony. This liability rests on their personal wealth, not their 'Aqilah (blood relatives responsible for blood money), because the 'Aqilah does not bear liability for confession, and this liability arises from their admission (retraction). This ruling is supported by the precedent set by Ali ibn Abi Talib, peace be upon him, regarding two witnesses who testified to theft, leading to the cutting off of a man's hand. When they later confessed error and identified the true thief, Ali ordered them to pay the diyah (blood money) for the first man, stating that had he known they acted intentionally, he would have amputated them both, though he did not accept their testimony concerning the second man.

Supporting text

Ali ibn Abi Talib, peace be upon him, ruled that if the retraction was based on error rather than intentional falsehood, the consequence for the initial execution/amputation was the payment of diyah for the victim. Furthermore, Ali indicated a potential more severe penalty (amputation) if deliberate deception was proven.