When is a pardon for an established intentional homicide considered effective?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If the intentional homicide is established through the testimony of two men or by the confession of the accused party, the subsequent pardon is valid. This is because the right to retribution was established upon the occurrence of the homicide, even if its establishment was hidden from those unaware of the facts. Once the facts are known, the right is recognized as having been established from the moment the homicide occurred, making the pardon coincide with the established right and thus enforceable. This is analogous to the manumission of a slave whose ownership was disputed but later confirmed to have existed at the time of manumission.