What is the ruling when an execution of a physical penalty results in an excess injury beyond what was due?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the excess injury occurs at the site of the intended execution, such as cutting off one finger but cutting off two after the right to amputation was established, the executioner is treated as the original aggressor. If the excess was intentional and involved a joint or a wound warranting retribution (Qisas), then Qisas is applied for the excess. If the excess was accidental or a wound not warranting Qisas—for example, if one was entitled to a *Muwadiha* wound but inflicted a *Hashimah* wound—then the perpetrator owes the indemnity (*Arsh*) for the excess. However, if the excess injury resulted from the victim's action, such as the victim struggling during the execution, the executioner is not liable because the harm resulted from the victim's own act.
Supporting text
If the executioner and the executed disagree on whether the excess injury was intentional or accidental, the statement of the executioner, accompanied by an oath, is accepted, as this is an action prone to error, and he knows his intent best. If the executioner claims the excess occurred due to the victim's struggle or actions, the statement of the victim is accepted as the executioner is denying liability for the secondary harm.