What is the ruling on nullifying a judge's ruling based on the subsequent discovery that the two witnesses were wicked (fasiq) or disbelievers (kafir)?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
When a judge rules on a monetary matter based on the testimony of two witnesses, and it subsequently becomes clear that those witnesses were wicked or disbelievers, the ruler must nullify the judgment and restore the property if it still exists, or its equivalent if it has been destroyed. If restitution is impossible due to the insolvency of the interested party or other reasons, the judge bears the liability, and subsequently returns upon the party for whom the judgment was rendered. There is complete consensus that the judgment must be nullified if the witnesses were disbelievers, based on the requirement for justice and the explicit command in the Quran to verify news brought by a wicked person: {O you who have believed, if there comes to you a wicked person with information, investigate} (Quran 49:6). Furthermore, the Quran mandates seeking justice from righteous witnesses: {And bring to witness two just men from among your men} (Quran 65:2) and establishing satisfaction with the chosen witnesses: {among those whom you choose of witnesses} (Quran 2:282). The nullification is necessary due to the lack of justice, paralleling the nullification for lack of faith (Islam).
Supporting text
There is a narration from Ahmad that the judgment is not nullified if the witnesses were merely wicked, but the witnesses themselves must compensate the affected party. Furthermore, regarding a situation where two just witnesses testify that a preceding judge ruled based on testimony from two wicked persons, there are two narrations from Ahmad; one suggesting the ruling is nullified, and another suggesting the witnesses do not compensate the property. Some followers of Shafi'i also differed on this point.