What is the ruling if witnesses retract their testimony before a ruling is issued?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 10 · Bab 1

Open in Qurani

Primary text

If witnesses retract their testimony before a ruling is made, a judgment cannot be passed based on it, according to the majority of scholars. This is because testimony is a prerequisite for judgment, and its removal prior to the ruling invalidates the process, similar to discovering the witnesses became morally corrupt (*fasiqun*). Their retraction demonstrates the falsehood of their testimony, just as if it were discovered they testified falsely about a living person being dead. Abu Thawr is an exception, stating judgment can still be passed because the testimony was delivered, but this view is flawed.