Is retribution (qisas) due when an intentional, deliberate injury is inflicted upon the waqf by an equal party (mukafi)?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
Retribution is apparently not obligatory because the right to retribution is not held exclusively by the beneficiary, and thus it is not permissible to exact qisas from the perpetrator, similar to the case of a jointly owned slave.
Supporting text
Some Shafi'i scholars suggest that this matter should be referred to the Imam (ruler). If a slave's hand or limb is cut off, resulting in qisas, the beneficiary has the right to enforce it because no other party shares that specific right. If the cutting does not necessitate qisas, or if qisas is pardoned, then half of the slave's value is due. If this amount can purchase a complete slave, it is done so; otherwise, it is used to purchase a share in a slave.