What is the ruling if a woman claims to be pregnant regarding the execution of Qisas?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
There are two scholarly views regarding a woman claiming pregnancy when Qisas is due. The first view holds that she must be detained until her pregnancy is verified, because pregnancy has subtle indicators known only to her, necessitating precaution until the claim is disproven. This is analogous to accepting a woman's claim regarding menstruation, as it is a matter exclusive to her knowledge. The second view, mentioned by Al-Qadi, is that experts in obstetrics should examine her. If they testify to the pregnancy, execution is postponed. If they testify that she is not pregnant, execution proceeds, as the right is established against her, and mere assertion does not permit postponement.