Is a claim of killing accepted without evidence?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 1 · Bab 1

Open in Qurani

Primary text

A claim of killing is not accepted unless established by clear evidence (bayyinah). The required evidence is two male witnesses (shāhidān), as established by the Prophet, peace be upon him, who stipulated that whoever kills an opponent with evidence for it shall have the opponent's spoils (salab). This narration is agreed upon (Muttafaq 'alayh).

Supporting text

The opinion of Al-Awza'i permits granting the spoils to the claimant solely based on his declaration, without demanding evidence, citing the Prophet's acceptance of Abu Qatadah's statement. However, the evidence against this view is that when the Prophet accepted Abu Qatadah's claim, the opponent had already confessed to the killing, thus fulfilling the requirement of evidence through admission.