What is the ruling regarding cutting off a limb versus execution when a limb amputation is followed by homicide, according to Malik?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
Malik is of the opinion that the perpetrator is executed but the reciprocal amputation is not performed. This is because if the perpetrator is executed, the loss of the limb becomes irrelevant, resembling the case where both injuries were inflicted upon the same person.
Supporting text
The primary view maintains that these are two distinct assaults upon two separate individuals and therefore do not merge, similar to the amputation of both hands of two different men. The analogy cited by Malik is deemed incorrect because even Malik conceded that if one amputates a hand and then kills, intending exemplary punishment (*muthla*), both amputation and execution occur. This establishes consensus on the non-merger of rights in the original case, which invalidates his subsequent analogy.