Is testimony based on testimony acceptable in Qisas (retaliation) and the Hadd of defamation (Qadhf)?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
The apparent view of Ahmad indicates that testimony based on testimony is not accepted in Qisas, nor in the Hadd of defamation, because he stated it is only permissible in rights, but not in blood (Dima') or Hadd. This is the position of Abu Hanifa.
Supporting text
Malik, Al-Shafi'i, and Abu Thur hold that it is acceptable in Qisas, supported by the apparent view of Al-Kharqi, reasoning that since Qisas is a right belonging to a human being that is not dropped by retraction of confession and its concealment is not recommended, it resembles financial matters. Some associates of our school narrated this as a report from Ahmad based on the permissibility of testimony of one man in place of another in divorce, which Ahmad praised.