What is the prescribed penalty for severing the penis after the glans (hashafa)?

Chapter on Diyat (Blood Money) for Wounds

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 2

Open in Qurani

Primary text

There is a reported difference of opinion regarding the penalty for severing the penis after the glans, and for severing the hand after the fingers. One narration from Abu Talib, attributed to Ahmad, states that the penalty is one-third of the full blood money (diyah). Similarly, this amount is stated for the lobe of the ear. The correct view is that the penalty for these injuries is subject to arbitration (hukuma) due to the lack of a fixed statutory amount and the impossibility of analogy with injuries that have a fixed amount. This is because in cases like an amputated limb where only some part remains, the general form might be partially preserved, but here the form is lost, leaving only a part that has a fixed dih for it or the original basis for the dih.

Supporting text

Another narration from Ahmad suggests that arbitration (hukuma) applies to all these cases.