What is the ruling on a witness who recants testimony after a judgment involving capital punishment (Qisas) has been executed?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If witnesses recant their testimony after a ruling involving Qisas and admit they intended to deceive, they are not subject to Ta'zir (discretionary punishment) because the Qisas already suffices for their penalty. If the original judgment involved property, they are subject to Ta'zir and must pay restitution (ghurmu) due to the grave crime of perjury.
Supporting text
It is possible that they are not subjected to Ta'zir because their retraction serves as repentance, thus nullifying the need for further punishment. Alternatively, establishing Ta'zir might prevent them from retracting their testimony out of fear, so it should not be legislated.