Is retribution (Qisas) obligatory for the severed hand itself, after the victim apostatizes and dies from the wound?

General Chapter

Al-Mughni

Book of Wounds

Book 47 · Issue 2 · Bab 1

Open in Qurani

Primary text

The sound position is that no retribution is due for the hand. This is because the act of cutting, which would necessitate retribution if the victim remained a Muslim, did not culminate in a death for which retribution is obligatory (as the victim became an apostate). This is analogous to cutting off a limb without severing a joint, where Qisas is not incumbent.

Supporting text

The Qadi suggested an opinion arguing for the obligation of retribution for the hand, based on the principle that the effect of the cutting became established upon the cessation of the wound's progression, akin to a situation where a limb is severed and later the victim is killed, or killed by another person.