Is retribution applicable to injuries below the level of life?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
Retribution applies to injuries less than homicide, provided it is possible to execute, based on textual evidence and consensus. The textual evidence is the verse from the Quran: "And for the wounds, there is retribution" (Quran 5:45). Evidence is further established by the Hadith narrated by Anas ibn Malik concerning the incident where Ar-Rabi' bint An-Nadr broke the front tooth of a slave girl; when they offered blood money, the victim's family demanded retribution. The Prophet (peace be upon him) declared, "The retribution of Allah's book is qisas." The people eventually pardoned, leading the Prophet (peace be upon him) to state, "Indeed, among the servants of Allah are those who, if they swore by Allah, He would fulfill their oath."
Supporting text
Muslims have reached a consensus on the application of retribution for injuries below the level of homicide when feasible. The underlying principle is that injuries below the level of life require preservation through retribution in the same way that life does, thus mandating retribution for them.