Is Qasamah applicable in cases where no retribution (qawad) is due?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
According to Al-Kharqi, Qasamah is not legislated in cases where no retribution is due, thus maintaining consistency that Qasamah is only for a single killing. However, others, including Malik and Al-Shafi'i, maintain that Qasamah applies even when retribution is not due, meaning oaths may be sworn concerning a group.
Supporting text
If a claim is made against two people, and suspicion (*lawth*) exists against only one, that individual swears fifty oaths and half the blood money (*diyah*) is due from him; the second individual swears one oath and is absolved. If the first person refrains from swearing, half the blood money is due from him.