What is the ruling when a single physical act necessitates both a capital penalty (Hadd or Qisas) and a corporal penalty (Hadd or Qisas)?
General Chapter
Al-Mughni
Book of Highway Robbers
Primary text
If two obligations coincide in the same physical locus and involve forfeiture, such as killing or amputation due to Qisas and Hadd, Qisas is prioritized over a Hadd purely for Allah's right due to the confirmed nature of the individual's right. If killing for *Muharaba* and Qisas for killing both occur, the earlier one is executed first, as killing in *Muharaba* also involves an individual right. If Qisas precedes, the perpetrator is executed as Qisas, and the crucifixion associated with *Muharaba* is dropped because the main Hadd is waived by Qisas. The heir of the victim killed under *Muharaba* is due blood money (*Diyya*) from the perpetrator's wealth because the execution of the specific killing was prevented. If the perpetrator dies before either is executed, *Diyya* is due from the estate for the killing under *Muharaba* because its execution became impossible.
Supporting text
If the Qisas forgives absolutely or in exchange for *Diyya*, the Hadd for *Muharaba* is enforced. For amputation, if Qisas and Hadd coincide on a hand or foot, Qisas is prioritized. If the Qisas claimant forgives, the Hadd is enforced. If amputation for *Muharaba* and Qisas amputation occur on the same limb, Qisas is performed first, and the perpetrator waits for recovery before the second amputation (for *Muharaba*) is carried out, as they are two distinct Haddud.