What is the ruling if the perpetrator who inflicted the *Iwdah* wound claims his wound healed before death, but his partners deny this claim?
General Chapter
Al-Mughni
Book of Wounds
Primary text
If the perpetrator of the *Iwdah* wound claims his wound healed before death, and his partners contradict this, the opinion of the guardian (*Wali*) is consulted. If the guardian confirms the healing, the ruling that the wound healed is established concerning the guardian's right to retaliate or claim full *Diyya* from that specific perpetrator; the guardian cannot seek the death penalty against him nor claim one-third of the *Diyya*. The guardian may seek retribution for the *Iwdah* or claim its lesser compensation (*Arsh*). However, the perpetrator's claim is not accepted regarding his partners, as the default presumption is that the wound did not heal. If the guardian chooses execution (*Qisas*) against all three, the denial of healing by the partners is irrelevant, as the guardian may execute them regardless of the wound status. If the guardian chooses *Diyya*, the two partners are not required to pay more than two-thirds of the total *Diyya* collectively.
Supporting text
If the guardian denies the claim of healing, the perpetrator takes an oath. Upon oath, the guardian may seek retribution or one-third of the *Diyya* from that perpetrator, and no more than one-third from his partners.