Is Qisas permissible for injuries reaching bone in the limbs, analogous to Al-Muwadidah?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
In the case of wounds reaching bone in areas other than the head or face (e.g., forearm, thigh), the majority of scholars permit Qisas because the injury can be compensated for exactly, without injustice or excess, similar to Al-Muwadidah, supported by the verse "And We prescribed for them therein: a life for a life, and an eye for an eye, and a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds—retaliation" (Quran 5:45). The defining factor for Qisas is the possibility of precise compensation, not the potential for exact measurement in Al-Muwadidah, which was determined due to its severity and esteemed location.
Supporting text
Some companions of Al-Shafi'i argued against Qisas for these deeper bone wounds because precise measurement is allegedly not possible. However, this view is incorrect, as the feasibility of execution without excess, based on reaching the bone, is the operative cause, making it equivalent to Al-Muwadidah. Furthermore, injuries exceeding the Muwadidah, such as deep cranial wounds (Shujaj) or penetrating wounds (Ja'ifah), only incur prescribed monetary compensation (Arsh) and no Qisas, indicating that mere measurement is not the sole determinant.