What is the liability of a retracting witness in cases involving Qisas (homicide) testimony when the number of witnesses exceeds the minimum requirement?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If four witnesses testify to homicide for Qisas, and one retracts, stating intentional killing, he is liable for Qisas. If he states it was a mistake, he is liable for one-fourth of the Diyah. If two retract, they are liable for Qisas or half the Diyah. This view is supported by Ibn al-Haddad regarding the retracting witness in a Qisas case.
Supporting text
A differing opinion exists, as articulated by Abu Ishaq among the companions of Al-Shafi'i, that if three testify to Qisas and one retracts, he does not incur Qisas because the testimony for Qisas remains valid. Furthermore, there is doubt as to whether he owes one-third of the Diyah.