Is retribution (Qisas) established if the defendant refuses the oath (Nukul)?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
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.