Is it permissible for the *Hukuma* assessment of a non-fixed injury in the head or face to exceed the fixed compensation (*Arsh Muwaqqat*) for a more severe injury in the same location?
Chapter on Diyat (Blood Money) for Wounds
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If the *Hukuma* assessment for a non-fixed head wound (below Al-Muwaddihah) reaches or exceeds the fixed compensation of Al-Muwaddihah (five camels), the ruling is that the compensation due is limited to the *Arsh* of Al-Muwaddihah. This is because the injury represents a portion of the injury that causes the fixed compensation, and it is impermissible for a part to incur a greater liability than the whole injury, as evidenced by the severity comparison between Al-Muwaddihah and lesser wounds. Furthermore, this limitation is argued to apply to other fixed parts, such as limbs, where the *Hukuma* assessment for a partial injury cannot exceed the established *Diyah* for the entire limb or organ.
Supporting text
Al-Qadi suggested that if the *Hukuma* exceeds the *Arsh* of Al-Muwaddihah, it should be reduced proportionally to what remains short of the full Al-Muwaddihah compensation, following juristic discretion. Another view, attributed to Malik, holds that the full amount calculated by *Hukuma* must be paid, as it is an injury without a fixed amount and must be assessed based purely on the actual loss, regardless of the fixed amounts for more severe injuries elsewhere.