What is the liability of two retracting witnesses if they claim they intended the testimony but did not know it would lead to capital or maiming punishment?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 15 · Bab 1

Open in Qurani

Primary text

If the witnesses claim they intended the testimony but did not know the legal consequence (death or cutting) and were in a position where such ignorance could be plausible, they owe a weighty indemnity (*Diyah Mughallazha*) from their own wealth. This is considered semi-intentional harm (*Shibh 'Amd*) and is not borne by the *Aqila* (kin group) because it is established by their own admission. If one claims he intended the act and the other claims he made a mistake, the one who claimed intent owes half the weighty indemnity, and the other half the standard indemnity, with no Qisas, as it constitutes a mixture of intentional and accidental harm.