And his statement, “or if they are women”: that is, if the heirs are women—for example, if a man dies leaving behind a daughter and a full sister, and they claim that so-and-so killed their deceased relative—then the qasāmah procedure is not conducted, because women have no role in qasāmah. Even if the other male agnatic relatives were to make the claim, saying, “If you do not accept the claim of the women, then we shall make the claim”—such as the daughter’s paternal uncle and the full sister’s brother—their claim would not be accepted, because they are not heirs.

This issue requires careful examination, because in the case of Abdullah ibn Sahl, when his brother and his two paternal cousins, Huwayyisah and Muḥayyisah, came, the Messenger of Allah, peace and blessings be upon him, said, “Let the eldest speak.” Huwayyisah then began to speak. This indicates that the agnatic relatives have a right in the matter, because the Messenger of Allah, peace and blessings be upon him, addressed them and said, “Will you swear?” (1) In short, this issue requires careful examination, for perhaps the daughter and the full sister have no role in qasāmah, yet the disgrace falls upon these men among the people, who will say, “Your relative was killed, yet you did not avenge his blood.”

If this matter were left unaddressed, it would lead to tremendous harm: they might kill ten people in retaliation for this one person, especially if one tribe were stronger than the other.