Is compensation required for consequential injury arising from the execution of retribution (Qisas)?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
Compensation is not required for consequential injury stemming from the execution of Qisas (retribution). This means if an injured party executes the legally mandated physical retribution, and the perpetrator subsequently dies as a result of that execution, the executor incurs no liability. This position is held by Al-Hasan, Ibn Sirin, Malik, Al-Shafi'i, Ishaq, Abu Yusuf, Muhammad, Ibn al-Mundhir, and is narrated from Abu Bakr, 'Umar, and 'Ali (may Allah be pleased with them). The evidence is the saying of 'Umar and 'Ali (may Allah be pleased with them) that whoever dies from the enforcement of a Hadd or Qisas has no blood money (Diyah), as the right was to kill him. Furthermore, because the cutting performed is a legally established and quantified right, its consequence is not guaranteed, similar to the cutting of a thief's hand.
Supporting text
A dissenting opinion states that the executor is liable for compensation. Abu Hanifa holds that the full Diyah must be paid from the perpetrator's estate. Others among this dissenting group argue it falls upon the 'aqilah (kin group), asserting that since the perpetrator forfeited his own life and was only entitled to the loss of a limb, the Diyah for his death is obligatory, analogous to decapitation. They argue that it is a consequential injury of a guaranteed cutting, hence it is guaranteed, just like the consequence of the initial injury.