If the guardian chooses to exact retribution equal to the crime committed by the assailant, what are the preferred and permissible methods?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the guardian has the right to execute retribution equal to the crime committed, it is preferred and best to limit the execution solely to severing the neck. If the guardian opts to sever the assailant's limbs corresponding to those severed from the victim, or some of them, and then pardons the killing, this is permissible as he is waiving a part of his right. However, if he severs some limbs and then pardons for Diyah, this is not permissible because the entirety of the initial crime only warrants a single Diyah. Thus, he cannot exact part of the retribution and claim the full Diyah. If he does so, he is entitled only to the remainder of the Diyah, or nothing if the Diyah has been exhausted.
Supporting text
If the ruling is that the guardian may only execute retribution by severing the neck, and he instead exacts retribution equal to the original crime (mutilation), he has acted improperly but incurs only sin, not liability, because the assailant's action on the limbs did not mandate any specific compensation exclusively for them, so the retaliator's corresponding action is likewise without specific financial consequence.