What is the ruling regarding the compensation for an injury inflicted upon a woman when the injury's value exceeds one-third of her full *diyah*?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 4 · Bab 1

Open in Qurani

Primary text

When the value of the injury exceeds one-third of the full *diyah*, the compensation due is half of the value that would be due to a man. This position is attributed to 'Umar, Ibn 'Umar, Zayd ibn Thabit, Sa'id ibn al-Musayyab, 'Umar ibn 'Abd al-'Aziz, 'Urwah ibn al-Zubayr, Al-Zuhri, Qatadah, Al-A'raj, Rabi'ah, and Malik, constituting the opinion of the Seven Jurists of Medina and the majority of Medina scholars. The evidence is the hadith from 'Amr ibn Shu'ayb, from his father, from his grandfather, that the Prophet, peace be upon him, said: 'The compensation for a woman is like the compensation for a man until it reaches one-third of her *diyah*,' which establishes a limit where the ruling changes.

Supporting text

Some scholars, including Al-Hasan, hold that the compensation is equal for both until one-third. Others, including 'Ali, Ibn Sirin, Al-Thawri, Al-Layth, Ibn Abi Layla, Ibn Shubrumah, Abu Hanifa and his companions, Abu Thawr, and Shafi'i in his explicit madhhab, maintain that the compensation is halved for all injuries, regardless of amount, because they are two persons whose *diyah* differs. Ibn Mas'ud stated that the compensation for a woman equals that of a man up to one-twentieth of the *diyah*, after which it is halved because she equals the man in the injury known as *mudiha* (a deep cut exposing bone).