موطا امام مالك رواية يحييٰ
Muwatta Imam Malik (Riwayat Yahya)
كتاب القسامةBook: On the Explanation of Qasamah (Oath in Murder Cases)
بَابُ مَنْ تَجُوزُ قَسَامَتُهُ فِي الْعَمْدِ مِنْ وُلَاةِ الدَّمِChapter on whose oath is accepted in intentional killing among the heirs of the victim
Hadith 1540Q2
Imam Malik, may Allah have mercy on him, said that if a person is killed intentionally, and his 'asaba (male agnates) or mawali (clients) say that they will take qisas (retaliation) by swearing an oath, then it is possible. Even if the women forgive, nothing will be binding upon them; rather, the 'asaba or mawali are more entitled to the blood, because they are the ones who will swear the oath.
