Another report from him states that the claim is deemed sound and that liability attaches whenever the circumstantial indicators make guilt more likely—such as the victim being discovered inside someone’s house, the victim’s belongings being seen in that person’s possession, or the presence of testimony that falls short of proving homicide, like the testimony of children, along with similar clues.

This view was adopted by Ibn al-Jawzī and Shaykh al-Islam Ibn Taymiyyah. Al-Mardāwī says in al-Inṣāf: “It is the correct position, and it is also the school of Imām al-Shāfiʿī.”

3 – The claim of qasāmah differs from all other legal claims in several respects:

First: In qasāmah the oath is required of the claimant, whereas in other cases the proof lies with the claimant and the oath with the defendant who denies the allegation.

Second: The procedure begins with the oaths of the claimant—or claimants if they are more than one.

Third: The oath is repeated, whereas in other suits only a single oath is taken. In this regard qasāmah resembles the case of liʿān (mutual imprecation), which was discussed in its own chapter.

4 – If a slain person is found, the killer is unknown, yet circumstantial evidence points to an individual, the heirs of the victim swear fifty oaths affirming their claim. When the killing was outright intentional, they thereby obtain the right to the life of the accused. This was reported from a group of Companions and is the position of Mālik, Aḥmad, Abū Thawr, Ibn al-Mundhir, and the early view of al-Shāfiʿī. The proof is the Prophet’s words: “Fifty of your men shall swear concerning one of them, and he shall be handed over to you with a rope round his neck.” Muslim narrates: “He shall be surrendered to you,” and also, “You are entitled to the blood of your companion.” Because these oaths constitute strong evidence establishing premeditated murder, the death penalty becomes obligatory, just as it would be on the basis of formal testimony.

The well-known Shāfiʿī position, however, is that the heirs receive only the blood money, citing the Prophet’s statement: “Either they pay the blood money of your companion or they must be prepared for war.” If the killing was unintentional, and responsibility is proven against the accused, he owes the blood money.

5 – If the claimants refuse to swear the oaths, or they are among those not qualified to swear—such as women or children—the oaths shift to the accused, who must then swear fifty