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.

Imam Malik, may Allah have mercy on him, said: In the case of accidental killing (qatl-e-khata), the first oaths will be upon the claimants of blood; they will take fifty oaths according to their share in the inheritance (1). If there is a deficiency in the oaths, then the heir who has the largest share in the deficiency will have the full oath placed upon his share (2).

Imam Malik, may Allah have mercy on him, said that if the heirs of the murdered person are only women, then they alone will take the oath and receive the blood money. And if the murdered person has only one male heir, then he will be given fifty oaths, and after taking those fifty oaths, he will receive the blood money. This ruling is for accidental killing, not for intentional murder.

Imam Malik, may Allah have mercy on him, said that when the heirs of blood accept the blood money (diyah), its distribution will be according to the Book of Allah. The heirs of the diyah will be the daughters and sisters of the murdered person, and all those women who inherit from the estate. If, after giving the shares to the women, something remains, then the closest male agnate (asaba) will inherit the remainder.