What recourse is available if the perpetrator's entire head is used for execution, and the perpetrator's head is larger than the injured party's wound measurement?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 3 · Bab 2

Open in Qurani

Primary text

If the entire head of the perpetrator is used for execution of the measure of the injury, and the perpetrator's head is larger, the injured party has the right to execute the Qisas on the perpetrator's head corresponding to the area of the Mūḍiḥah on any side chosen, because the perpetrator inflicted injury upon that entire measured area.

Supporting text

If the execution exceeds the measure of the Mūḍiḥah and the perpetrator confesses this excess was intentional, Qisas applies to that excess. Once the Mūḍiḥah heals, Qisas is executed on the healed site, as it is the site of the original injury. If the perpetrator claims it was an error, their statement is accepted because it is plausible and they know their intent best, and they owe the *Arsh* of a Mūḍiḥah.