What happens if witnesses retract their testimony after a ruling but before execution, when the ruling concerns a punitive penalty (Hadd or Qisas)?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If the ruling concerns a punitive penalty like *Hadd* or *Qisas*, execution of the penalty is prohibited. Punishments are deterred by doubt (*Shubuhat*), and the witnesses' retraction constitutes a major doubt. Furthermore, since the entitlement to the penalty is not precisely established and cannot be compensated for, execution is impermissible. This differs from financial penalties, which can be rectified by compelling the witnesses to pay compensation.
Supporting text
Retraction after execution of a penalty is considered a greater doubt than subsequent discovery of the witnesses' prior corruption (*fisq*) because retraction constitutes an admission of false testimony, whereas subsequent corruption does not definitively prove the testimony was false at the time it was given.