Is the executioner permitted to sever the limbs before executing a person whose initial assault (severing limbs or deep wounds) resulted in death through subsequent infection or extension (sarayan)?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
There are two established opinions regarding whether the qisas (retaliation) for the limbs must be executed before the qisas for the life. The first opinion states that the executioner does not carry out the severing of the limbs first. This is the position of Abu Hanifa. The rationale is that executing the limb severance first leads to an excess beyond the initial crime, and qisas necessitates equivalence (mimicry). If an excess is feared, the retaliation is nullified, similar to when a hand is severed at mid-forearm instead of the designated spot. The correct view maintains that this procedure is permissible because the loss of life resulted directly from the assailant's action; the consequence of the action is treated as the action itself. This is analogous to a case where one first severs a limb and then kills the victim. Furthermore, the possibility of exceeding the required severity in execution exists, such as in a case where killing requires two blows, yet the first blow might suffice or be insufficient.
Supporting text
The second opinion mandates that the qisas for the limb must be executed first; if the victim subsequently dies from that injury, then the death penalty is carried out by beheading. This is the position of Al-Shafi'i, based on the principles established at the beginning of the general issue. Abu al-Khattab mentioned that there is only one reported position: that the limb retaliation should not be executed first, arguing that this situation cannot be mapped onto the two opinions regarding the initial question because it inevitably leads to excess, unlike the original scenario.