Is retribution (Qisas) established if the defendant refuses the oath (Nukul)?

Chapter on Qasamah (Oaths regarding murder)

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 2 · Bab 3

Open in Qurani

Primary text

Retribution is not incumbent due to the refusal of the oath because the refusal is a weak form of evidence, and blood compensation should not be exchanged based on it, similar to a witness or an oath.