What is the retribution (Qisas) if the removal of both eyes of a one-eyed person was intentional?

Chapter on Diyat (Blood Money) for Wounds

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 2 · Bab 2

Open in Qurani

Primary text

If the removal of both eyes of the one-eyed person was intentional and the victim chooses retaliation (Qisas), the perpetrator is only subject to the removal of one eye. This ruling is based on the principle that the perpetrator only negated the entirety of the victim's sight, so the retribution cannot exceed the negation of the victim's sight. This is founded upon the precedent established by the Companions that the eye of a one-eyed person is assessed as equivalent to two normal eyes in this context.

Supporting text

The majority of scholars hold that the victim is entitled to Qisas for one eye and half the diya for the other eye, which is deemed consistent with the valid legal proofs.