What are the rights of the guardian when a perpetrator severs limbs and subsequently kills the victim?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If a perpetrator severs the victim's hands and feet, and the wounds heal, and then the perpetrator kills the victim, the judgment for the severing is established. The victim's guardian has the choice: either forgive the homicide and claim three full blood monies (Diyyat)—one for the life, one for the severed hands, and one for the severed feet—or seek Qisas for the killing and receive two blood monies for the limbs. Alternatively, the guardian may choose to have all four limbs severed while claiming one full blood money for the life, or sever the hands and claim two blood monies for the life and feet, or sever the feet and claim two blood monies for the life and hands, or sever one limb and claim the blood money for the remainder, or sever three limbs and claim the blood money for the remaining one. This ruling applies to all subsequent branches of the decision because the judgment regarding the severance became fixed upon the healing of the wounds before the killing occurred, and the subsequent homicide does not alter that established ruling, similar to a case where a non-guardian kills the victim. No opposing view is known concerning this matter.