What is the penalty if a highway robber inflicts a wound for which Qisas (retaliation) is normally due?
General Chapter
Al-Mughni
Book of Highway Robbers
Primary text
If a highway robber inflicts a wound for which Qisas is usually mandatory, there are two narrations from Ahmad. The preferred view is that Qisas is not mandatory because the Sharia did not prescribe a fixed Hadd penalty specifically for such wounds during highway robbery; only killing, crucifixion, amputation, and exile were mentioned. Therefore, no more than Qisas is incumbent. If the wound is one for which Diyah (blood money) is due but not Qisas (like a superficial wound from a whip or small stone), only Diyah is due.
Supporting text
The alternative view suggests that Qisas is mandatory because the wound is secondary to the act of killing, thus taking on the same ruling as the killing itself, or because it is a form of retaliation, similar to retaliation regarding life.