Is it permissible to extract retribution (Qisas) for a head wound when the injured person's head is larger than the perpetrator's head?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 1 · Bab 2

Open in Qurani

Primary text

If the perpetrator inflicts a wound (*Muwadaḥah*) over the entire head of the injured party, and the injured party's head is larger, it is probable that extraction of retribution should be prevented if it requires taking part of the front and part of the back of the perpetrator's head. This is because taking two *Muwadaḥah* wounds (which have different monetary compensations, or *Diyyah*) with a single act is viewed as taking more than what is due. However, it is also probable that it is permissible because the extent of the injury and its location are not exceeded. If experts state that this method causes additional harm or disfigurement (*Shayn*), it must not be done.

Supporting text

The scholars of the Shafi'i school hold opinions similar to these two possibilities.