Is it permissible to take a whole hand in retribution for an injured hand that has a fully intact hand and one diseased/lame finger alongside healthy ones?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
It is not permissible for one with a complete hand to take a hand that contains one lame finger and the rest healthy, because this constitutes taking the complete for the incomplete. The basis for this is preserving equivalence in retribution; taking a whole for a partial is an injustice.
Supporting text
Regarding retribution from the healthy fingers of the offender, there are two views. If retribution is permitted against the healthy parts, there are two further views on whether the part beneath the healthy fingers is included in the retribution or if compensation (hukuma) is due for the part beneath them.