Is retribution (Qisas) applicable for head wounds (Shajaj) other than the Mumidah?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
Retribution (Qisas) is only obligatory for the Mumidah (a wound that exposes the bone) among head wounds. This applies equally to wounds less severe than the Mumidah, such as the Harisah, Bazilah, Badi'ah, Mutalāhimah, and Sumḥāq, as well as wounds more severe than it, such as the Hāshimah, Munqilah, and Āmmah. This view is held by Al-Shafi'i. The reasoning is that wounds more severe than the Mumidah do not warrant Qisas because they are wounds where an excess cannot be guaranteed, similar to the Ma'mūmah (wound exposing the brain) and Ja'ifah (a deep penetrating wound).
Supporting text
It is reported from Ibn Al-Zubayr that he exacted Qisas for the Munqilah (a wound that breaks the bone), but this narration is not established. Ibn Al-Mundhir stated that he knows of no one who disagreed with the view that Qisas applies only to the Mumidah.