What is the ruling if one witness testifies that the killing occurred, and another testifies that the accused confessed to the killing?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The killing is established. This is the stated position of Ahmad and chosen by Abu Bakr. The rationale is that the act confessed to by the accused is the same act testified to by the witness, meaning there is no contradiction between their testimonies, and thus the killing is established by their combined witness, similar to when one testifies to intentional killing and the other to accidental killing, or when one testifies the accused owes a thousand and the other testifies the accused confessed to owing a thousand.
Supporting text
Al-Qadi and the position of the Shafi'i school hold that the killing is not established because one witness testified to one type of proof (direct witnessing of the act) and the other testified to a different type of proof (confession), meaning their testimonies did not agree upon a single action.