What is the effect if the partners of the perpetrator with the allegedly healed wound testify to the healing before the victim's death?

General Chapter

Al-Mughni

Book of Wounds

Book 47 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the two partners testify that the wound of the third perpetrator healed, the full *Diyya* becomes obligatory upon them due to their admission of its obligation. The guardian may accept this *Diyya* from them if he verifies their testimony. If the guardian does not verify their testimony and commutes the penalty to *Diyya*, he cannot receive more than two-thirds of the total *Diyya*, as that is the maximum amount being claimed against them collectively. The testimony of the partners in favor of the third perpetrator is accepted provided they have repented and are deemed upright (*Adil*), because by testifying to the healing, they secure the commutation of the death penalty against themselves, thus drawing no benefit for themselves, limiting their liability to the *Arsh* of the *Iwdah*.