What is the legal consequence if the accused retracts his confession by stating he lied or is withdrawing his admission?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the accused retracts his confession by stating, "I lied in my admission," or "I am withdrawing it," or "I did not do what I confessed to," he must be released. If a person kills him after this retraction, liability (guarantee/diyah) is incurred upon the killer because his confession is nullified by the retraction, making him like one who never confessed. There is no retribution (Qisas) against the killer because scholars differ on the validity of the retraction, and this difference constitutes a doubt that wards off Qisas. Furthermore, the validity of a confession is obscure, which serves as an excuse preventing the obligation of Qisas.