Is there Qisas for head wounds that reach the membrane enclosing the brain (al-Dimaagh), known as Māmūmah or Āmah?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
There is no Qisas for Māmūmah or penetrating abdominal wounds (Jā'ifah) according to all scholars known to us, except for a narration attributed to Ibn al-Zubayr, whose ruling was subsequently denied by others. Scholars such as Malik, Al-Shafi'i, and the People of Opinion (Aṣḥāb al-Ra’y) did not mandate Qisas for these wounds. Narrations from Ali (may God be pleased with him), Makḥūl, and Al-Zuhri affirm no Qisas for Māmūmah. Similarly, 'Aṭā' and Al-Nakha'ī denied Qisas for Jā'ifah. A narration recorded in Sunan Ibn Mājah, from Al-'Abbās ibn 'Abd al-Muṭṭalib, quotes the Prophet (peace be upon him) stating: 'There is no Qawād (retaliation) in Māmūmah, nor in Jā'ifah, nor in Munqilah (a bone-splintering wound).' The rationale is that these are wounds where excess in exacting physical retribution cannot be guaranteed, thus precluding Qisas, similar to bone fractures.