What is the requirement for establishing proof (*shahadah*) for intentional homicide or intentional maiming where retribution (*qisas*) is due?

Chapter on Qasamah (Oaths regarding murder)

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 2 · Bab 3

Open in Qurani

Primary text

For retribution concerning a life, such as intentional, aggressive homicide by an equivalent person, or concerning a limb, such as intentionally severing it at a joint by an equivalent person, acceptance requires the testimony of two just male witnesses. The testimony of one man and two women, or the testimony of one witness combined with the oath of the claimant, is not accepted in these cases. This requirement is universally agreed upon among scholars because retribution involves the shedding of blood and is a penalty for a felony, thus requiring utmost precaution through the stipulation of two just witnesses, similar to prescribed penalties (*hudud*). This standard applies equally whether the retribution is due from a Muslim or an infidel, or a free person or a slave, as precaution is taken to avert the penalty.

Supporting text

A different narration attributed to Abu Abdullah (may God have mercy on him) states that only the testimony of four witnesses is accepted for homicide, which is also the position of Al-Hasan. This is because homicide is a matter where establishing the act requires testimony, and thus no less than four witnesses are accepted, similar to the testimony required for the *hadd* punishment of an adulterous married person (*muhsan*).