Conditions required for the application of Qisas in bodily injuries.

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 3 · Bab 2

Open in Qurani

Primary text

Five conditions must be met for Qisas to be applicable in bodily injuries. First, the act must be intentional, as previously established. Second, the injured party must be equivalent to the assailant such that Qisas would apply if the assailant were killed. Third, the injured limb must be equivalent to the corresponding limb of the assailant; a sound limb cannot be taken for a crippled one, complete fingers for incomplete ones, or an original digit for an extra one. However, equality in slimness or bulkiness, smallness or largeness, or health or sickness is not required, as demanding such would lead to the complete nullification of Qisas. Fourth, there must be a shared specific name, meaning a right hand cannot be taken for a left, nor a left for a right, nor one digit for another that differs from it, nor an eyelid or lip except for its exact equivalent. Fifth, the retaliation must be executable without injustice (hayf), specifically requiring that the cutting occur at a joint.

Supporting text

If the cut is made from a location that is not a joint, there is no Qisas from the site of the cut, and this point is without known disagreement. A narration from Nimr bin Jabir, from his father, states that a man struck another on the forearm, severing it not at a joint. When the injured party sought Qisas from the Prophet, peace be upon him, the Prophet ordered him to take blood money (Diyah), saying, 'Take the Diyah, may Allah bless you in it,' without ruling Qisas for him.