Loss of limb
There are 3 categories of the offence causing a limb loss, deliberate, semi-deliberate and accidental. Qisas is applicable to the deliberate category only if 3 conditions are observed.
Loss of limb
There are also three categories of this offence:
deliberate, semi-deliberate and accidental. Equal punishment is only applicable to the deliberate category if three conditions are observed:
1- It should be possible to achieve equal punishment without aggravating the injury. This means that when an amputation is exacted, any amputation should be at a joint or to a defined limit, such as a finger, a wrist or an elbow. No equal punishment is possible for a wound that does not end at a clear limit, such as a wound going deep into the body. Nor can equal punishment apply to a break of bone other than teeth. Thus, it does not apply to the break of an arm or a leg.
2- The organs of the offender and the victim should be the same in name and location. This means that if the victim loses his left arm, the equal punishment must apply to the left arm of the offender. If the victim loses his right thumb, the equal punishment must apply to the offender’s right thumb, not to any other finger.
3-The organs of the offender and the victim must be equally complete and healthy. If the victim loses his arm which had missed fingers, equal punishment must apply to an arm with the same loss of fingers.