Is Qisas performed when the injured eyelid is broken (maksud) and the sound eyelid is sound (saḥīḥah)?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
A sound eyelid is matched by a sound eyelid, and a broken eyelid is matched by a sound eyelid, because the injured party receives part of his due right.
Supporting text
There are two established views regarding whether the injured party can take the compensation for the remaining defect (arsh) in addition to Qisas. These two views have been previously mentioned.