What is the consequence for two witnesses who, after execution of Qisas (retaliation for intentional killing or maiming), retract and admit they intentionally lied in order to have the accused killed or maimed?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If the retracting witnesses admit they intentionally fabricated the testimony for the purpose of killing or cutting off a limb, they are subject to Qisas (retaliation). This view is held by Ibn Shubruma, Ibn Abi Layla, Al-Awza'i, Al-Shafi'i, and Abu 'Ubayd.
Supporting text
The Hanafis argue that no Qisas applies because the witnesses did not directly commit the act of destruction, likening them to someone who digs a well or sets a knife, where subsequent death does not incur liability on the setter. However, the stronger position, supported by the practice of Ali (may Allah be pleased with him) and general scholarly consensus, is that Qisas applies because they caused the result, similar to coercion, unlike digging a well, which does not typically lead to death.