What happens if witnesses retract their testimony after a ruling but before execution, when the ruling concerns a financial matter (Mal)?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If the matter ruled upon is financial, the judgment stands and is not overturned, according to the majority of urban jurists. The right of the claimant was established, and it cannot be voided by the retracting witnesses' statement, as their retraction is neither new testimony nor an admission by the claimant.
Supporting text
Sa'id ibn al-Musayyib and Al-Awza'i held that the judgment must be overturned, arguing that once the basis for the judgment is invalidated by the retraction, the established ruling ceases to exist, similar to discovering the witnesses were unbelievers from the start.