A qisas punishment is enforced in case of offences causing physical injury based on the Qur’an, the Sunnah and unanimity of scholars. Such Offences are of three categories.
Offences causing physical injury
These include every type of harm that affects a human being but does not lead to death, including wounds and loss of limbs or other organs. In all such offences, a qisas punishment is enforced, based on the Qur’an, the Sunnah and unanimity of scholars.
:In the Qur’an Allah says
‘A life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and a similar retribution for wounds.’
(5:43)
Al-Rubayiyi', a lady Companion of the Prophet (peace be upon him), broke the front teeth of a maid.
:The Prophet (peace be upon him) said
‘According to Allah’s book, a similar punishment is due.’
Related by al-Bukhari, hadith No. 4,499; Muslim, hadith No. 1,675.
Moreover, all Muslim scholars agree that equal punishment (qisas) is due, if possible, [1] in any case that results in bodily harm.
Offences causing bodily harm are of three categories:
1) wounds.
2) loss of a limb.
3) loss of function of a bodily organ.
references
- Al-Nadawi, Al-Fiqh al-Muyassar, p. 350; al-Bahuti, Kashshaf al-Qina', vol. 5, p. 638.