Is the prescribed compensation for a *Mūḍiḥah* (wound that exposes the bone) in the head or face the same?
Chapter on Diyat (Blood Money) for Wounds
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The prescribed compensation (*arsh*) for a *Mūḍiḥah* in the head or face is the same. The *Mūḍiḥah* is defined as a wound that exposes the bone, revealing its whiteness. There is no prescribed penalty (*qaṣāṣ*) for any wound except this one, and no fixed amount is due for lesser wounds. Consensus exists among the scholars that its *arsh* is fixed, based on the Prophet's letter to 'Amr ibn Hazm stating, 'In the *Mūḍiḥah* there are five camels,' and the narration from the Prophet (peace be upon him), 'In the *Mūwāḍiḥ* there are five, five.' This ruling applies equally whether the injured party is a man or a woman because the compensation is less than one-third of the *diyah*, and in matters below one-third, they are equal. This position is held by Abu Bakr, 'Umar, Sharih, Mak'hūl, Al-Sha'bī, Al-Nakha'ī, Al-Zuhrī, Rabi'ah, 'Ubayd Allāh ibn Al-Ḥasan, Abu Ḥanīfah, Al-Shāfi'ī, and Isḥāq.
Supporting text
Al-Shāfi'ī holds that the compensation for a woman's *Mūḍiḥah* is half that of a man's, based on the general principle that injuries to women are compensated at half the rate of injuries to men, whether the amount is large or small. Sa'īd ibn Al-Musayyab stated that the *Mūḍiḥah* of the face is double that of the head, thus requiring ten camels, due to greater disfigurement, a view narrated from Aḥmad. Al-Mālik stated that if the wound is in the nose or the lower jaw, it requires *hukūmah* because it is further from the brain, resembling injuries elsewhere on the body.