Who may execute retribution for injuries less than homicide?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 2 · Bab 2

Open in Qurani

Primary text

The execution of retribution for less than homicide must be performed by the deputy of the Imam (ruler) or by someone appointed by the guardian of the injured party, provided the guardian does not execute it themselves.

Supporting text

The view held by Imam Al-Shafi'i suggests that the guardian should not execute the retribution personally due to the fear that animosity and the desire for revenge might lead to injustice in applying an irreversible measure. This practice risks leading to dispute and disagreement, as the perpetrator may falsely claim excess was applied while the executor denies it.