Is Qasamah (oaths for retribution) applicable for injuries to limbs and bodily parts other than the soul (life)?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
Qasamah is not applicable for injuries to limbs and other bodily parts less than life. This view is held by Malik, Abu Hanifa, and Al-Shafi'i. The justification is that Qasamah is established due to the sanctity of life, thus it is restricted to homicide, similar to the ruling regarding expiation (kaffarah). Furthermore, Qasamah is established where the injured party cannot articulate the injury or identify the perpetrator; however, one whose limb is severed can do so. In such cases, the ruling follows the general rules of claims, where the burden of proof rests upon the claimant, and the oath rests upon the denier, requiring a single oath. Moreover, since it is a claim where Qasamah is not legislated, the oath is not intensified by requiring multiple people to swear, unlike in financial claims.