What is the ruling when an one-eyed person intentionally removes the eye of a sound-eyed person?
Chapter on Diyat (Blood Money) for Wounds
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If an one-eyed person intentionally removes the eye of a person possessing two sound eyes, retaliation (qisas) is not applicable; only a full blood-money (diyah) is due. This view is held by Saeed bin Al-Musayyib, Atāʼ, and one narration attributed to Mālik. The basis for exempting qisas is that full retaliation is not enforced in this case.
Supporting text
Opponents argue that retaliation (al-'ayn bi al-'ayn) is due, based on the verse {And the eye for an eye} (Quran 5:45). If the injured party chooses blood-money instead, they receive half the full amount because if another person had committed the injury, only half the blood-money would be required for the comparable injury to the one-eyed person.