Qiṣāṣ in Organs and Wounds
❖ Principle
Qiṣāṣ (retributive justice) applies not only in murder cases but also in organs and wounds, if it is practically possible to implement equal retaliation.
❖ Qur’anic Evidence
﴿وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالْأَنْفَ بِالْأَنْفِ وَالْأُذُنَ بِالْأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصٌ﴾
"And We decreed for them in it (the Torah): life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal."
[al-Māʾidah: 45]
Although this verse addressed Banī Isrāʾīl, the Prophet ﷺ upheld this ruling for the Muslim Ummah.
❖ Prophetic Example
Anas ibn Mālik رضي الله عنه narrated:
- His aunt Rabīʿ bint Naḍr broke the tooth of an Anṣārī girl.
- The victim’s family refused pardon or compensation and insisted on qiṣāṣ.
- The case was brought to the Prophet ﷺ, who decreed qiṣāṣ.
- Anas رضي الله عنه pleaded: “O Messenger of Allah, will Rabīʿ’s tooth really be broken?”
- The Prophet ﷺ replied: «كتاب الله القصاص» — “The decree of Allah is qiṣāṣ.”
- Eventually, the family accepted diyah.
- The Prophet ﷺ then said: “Among Allah’s servants are those who, if they swear by Allah, He fulfills their oath.”
[Bukhārī 4500; Abū Dāwūd 4595; Nasāʾī 8/26; Ibn Mājah 2649; Aḥmad 3/128; Ibn al-Jārūd 841]
❖ Scholarly Opinions
✔ al-Shawkānī رحمه الله:
This hadith clearly establishes the obligation of qiṣāṣ even if the tooth is chipped rather than completely extracted—provided the extent of damage can be measured and equally applied.
✔ Imām Aḥmad رحمه الله:
No qiṣāṣ in bones where there is a risk of death.
✔ al-Ṭaḥāwī رحمه الله:
Consensus that there is no qiṣāṣ in fractures of the skull.
✔ Shāfiʿīs and Ḥanafīs:
Qiṣāṣ applies only to teeth, not other bones (though this view is considered weak and rejected).
[Nayl al-Awṭār 4/462; Subul al-Salām 3/1592]
✔ Nawāb Ṣiddīq Ḥasan Khān رحمه الله:
Qiṣāṣ applies to all clearly defined body parts:
- Fingers, hands, elbows, feet
- Teeth, nose, ears, eyes
- Genitals and testicles, etc.
[al-Rawḍah al-Nadiyyah 2/647]
❖ Condition:
Qiṣāṣ in wounds is applied only when possible without risking death.
- Example: A head injury cannot be precisely duplicated without endangering life; in such cases qiṣāṣ is not implemented, and diyah applies instead.
❖ Conclusion
- Qiṣāṣ applies to organs and wounds when exact retaliation is possible.
- It includes teeth, eyes, ears, nose, hands, and other defined body parts.
- In cases where retaliation could cause excessive harm or death, qiṣāṣ is not applied; compensation (diyah) is given instead.
