Is a judgment based on valid testimony permissible if the witnesses die or become absent afterward?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
A judgment based on complete testimony is permissible, and the prescribed punishment (*hadd*) may be executed, even if the witnesses subsequently die or become absent. This position is held by Al-Shafi'i. The evidence supporting this is that any testimony upon which a judgment may be passed while the witnesses are present remains valid in their absence, just like all other forms of testimony. The mere possibility that the witnesses might retract their testimony does not constitute a legal doubt (*shubhah*) sufficient to ward off the prescribed punishment, similar to the ruling after a judgment has already been passed based on their testimony.
Supporting text
Abu Hanifa holds that judgment is not permissible in this situation because there is a possibility that the witnesses have retracted their testimony, and this potential retraction is considered a legal doubt that should prevent the execution of the prescribed punishment.