Is it permissible to carry out corporal punishment on a sick person?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 3 · Bab 2

Open in Qurani

Primary text

A sick person is not to have a prescribed punishment (hadd) carried out upon them during their illness, lest they perish from the action.

Supporting text

If a person has a hand amputated for theft, and subsequently commits another theft before the first wound heals, the second amputation is delayed until the first wound heals. Similarly, if a leg is amputated as Qisas (retaliation), the hand for theft is not amputated until the leg heals. This is because Qisas involves the rights of an individual, which might be lost, and it is structured rigorously. This contrasts with a person subjected to both hand and foot amputation for highway robbery (Hirabah), where both may be carried out simultaneously, as that constitutes a single penalty category. Furthermore, the delay for a sick person regarding Hadd is debatable; if accepted, flogging can be moderated to avoid death, whereas amputation cannot be mitigated.