What is the required recompense for game species where the Companions did not issue a ruling?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
For game species where the Companions did not issue a ruling, judgment must be based on the opinion of two just, expert men, according to the verse: {judged by two just men among you} [Al-Ma'idah: 95]. These two must judge based on the similarity in outward form (creation) to livestock, not based on monetary value. Justice is required because it is explicitly mentioned in the divine command and is a prerequisite for accepting testimony generally. Expertise (khibrat) is required because one cannot judge by likeness without knowledge of the species.
Supporting text
Al-Shafi'i, Ishaq, and Ibn Al-Mundhir permit the killer to be one of the two just men. Al-Nukha'i forbade this, arguing that a person cannot judge in their own case. However, the general command of the verse and the narration that 'Umar ordered Arbad, the one who killed the lizard, to judge in the matter supports the permissibility.