Is Qisas applicable for an injury that causes a bone to show (Muwadidah)?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
Qisas is obligatory for the wound known as Al-Muwadidah (a wound reaching the bone in the head or face), and there is no known disagreement on this ruling. This is because the Almighty has explicitly legislated Qisas for wounds, and failing to apply it here would negate the ruling of the verse. The ruling applies to any wound reaching the bone in other body parts besides the head and face, such as the forearm, upper arm, shin, or thigh, according to the majority of scholars, consistent with the position of Al-Shafi'i.
Supporting text
Al-Hasan, Al-Shafi'i, Abu Ubayd, and the companions of Al-Ra'y prohibited Qisas for injuries less than death generally. Specifically regarding bone injuries outside the head/face, 'Umar ibn 'Abd al-'Aziz, 'Ata, Al-Nakha'i, Al-Zuhri, Al-Hakam, Ibn Shubrumah, Al-Thawri, Al-Shafi'i, and the companions of Al-Ra'y prohibited Qisas for bone injuries in general.