If a judge rules based on valid testimony, and the witnesses subsequently commit transgression or apostasy, does this invalidate the already passed judgment?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
If the transgression or apostasy occurs after the judge has ruled based on the testimony, the judgment is not overturned. This is because the judgment was initially sound, having satisfied the required conditions up to the point of ruling. It was established based on an outwardly sound basis, and it cannot be voided by a subsequent doubt. This is analogous to a witness retracting their testimony or a person performing ablution by dry ablution (*tayammum*) and subsequently finding water; the initial act stands as valid under the prevailing circumstances.
Supporting text
If the judgment involved a fixed penalty (*hadd*) for God’s right before its full execution, execution should be halted due to the ensuing doubt (*shubha*), similar to retracting a confession before its full enforcement. If the judgment concerned a financial right, the execution stands because the entitlement was established by an outwardly valid ruling and cannot be invalidated by a mere possibility. If the penalty involved defamation or retribution (*qisas*), there are two views: one view is that it is executed because it concerns a human right similar to property (Abu Hanifa), and the second view is that it is not executed because it is corporal punishment subject to being averted by doubts (Muhammad).