How is retribution assessed for injuries to the nose?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
Retribution for the nose is assessed by taking the larger part for the smaller part, the nose with a damaged septum (aqna) for the one with a sound septum (afṭas), and the nose of someone with a flawed sense of smell (ashamm) for one with a normal sense of smell (akhsham), provided the defect lies in the brain and the nose structure is sound. This is analogous to taking the ear of a hearing person for the deaf person. If the nose has leprosy (judham), the sound nose is taken in retribution unless a part has fallen off. If a part has fallen, retribution is not taken from the sound nose unless the loss is only on one side, in which case the sound side compensates for what remains or the injured party receives compensation (arsh). Retribution and payment are due for the soft, fleshy part (al-maran), not the cartilage (qasaba), as the former has a defined limit, like the wrist joint for the hand.
Supporting text
If the entire nose including the cartilage is cut off, retribution applies to the maran, and a governing judgment (hukuma) applies to the cartilage. An alternative view suggests no hukuma should be combined with qisas to avoid combining retribution and blood money/compensation in one limb. Furthermore, retribution is assessed by measuring parts (not surface area) to avoid disproportionate cutting; the right nostril is taken for the right, and the left for the left, and the septum for the septum because it has a defined end point.