What are the requirements for accepting a claim regarding homicide?

Chapter on Qasamah (Oaths regarding murder)

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 3

Open in Qurani

Primary text

A claim must be formally documented ('muharrarah'). The claimant must state, 'I claim that this person killed my guardian, so-and-so son of so-and-so, intentionally, by mistake, or by quasi-intentional killing.' If the killing is claimed to be intentional (*amd*), the method must be specified, such as striking with a sword or a weapon that typically causes death. If the claim is against a single person and they confess, the killing is established. If they deny and there is proof (*bayyinah*), judgment follows the proof; otherwise, the matter proceeds to oaths (*ayman*).

Supporting text

If the claim is against more than one person, specific stipulations apply regarding how intentional and unintentional culpability is assigned to each party.