Is retaliation (Qisas) applied for removing the upper and lower lips?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 1 · Bab 2

Open in Qurani

Primary text

Retaliation (Qisas) is administered for taking the lip, which is defined as the part exceeding the chin and cheeks, both superiorly and inferiorly. This is established by the saying of Allah the Almighty: "And wounds necessitate retaliation" (Quran 5:45). Retaliation is obligatory because the lip has a defined boundary to which it extends, making it subject to proportionate retribution, similar to the hands.

Supporting text

It is reported from some scholars, including Malik, Al-Shafi'i, and the Companions of opinion (Ahl al-Ra'y), as well as recounted from Ibn Sirin and Shurayk, that one lip can be taken for the other because they are equal in creation and utility. However, the prevailing view maintains that since each lip possesses a distinct name, one cannot be taken for the other, analogous to the relationship between the hand and the foot.