Muwatta Imam Malik (Riwayat Yahya)

Imam Malik, may Allah have mercy on him, said: In our view, there is no difference of opinion in this matter that oaths are not to be taken from women in Qasamah, and if the heirs of the murdered person are only women, then they will have neither the right of Qasamah nor the right to pardon in the case of intentional murder.

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.

Imam Malik, may Allah have mercy on him, said: However, if the male relatives or freed slaves pardon the blood after taking the oath and after becoming entitled to the blood, and the women refuse to pardon, then the women will have the right to take retribution (qisas).

Imam Malik, may Allah have mercy on him, said that in the case of intentional murder, it is necessary to take oaths from at least two claimants; after taking fifty oaths from them, the ruling of retaliation (qisas) will be given.

Imam Malik, may Allah have mercy on him, said that if several people together kill one person in such a way that he dies immediately from the blows of all of them, then all of them will be killed in retaliation (qisas). And if he dies after several days, then qasamah will become obligatory. In this case, due to qasamah, only one person among them will be killed, because through qasamah only one person is always killed.