Is the assailant liable for the arsh (blood money) for the ja’ifah (wound that penetrates the abdominal cavity) that occurred due to a surgical operation performed to treat a cavity in the ribs caused by a wound?
If the injury to the limbs was intentional and retribution (Qisas) is possible without fear of death, then Qisas is obligatory, as Allah Almighty says: "And We ordained for them therein 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 for wounds is retribution." It is necessary to wait until the injured person recovers to determine the extent of the injury, as it is stated in the Hadith that the Prophet, peace and blessings of Allah be upon him, forbade Qisas for a wound until its owner recovers. In this case, there is no blood money (arsh) except through reconciliation between the offender and the injured person.
However, if the injury was accidental and did not reach the extent of a jawifah (a deep wound reaching the inner cavity), then a "hukumah" is imposed, meaning an estimation by people of knowledge according to its severity and area. This hukumah may be more or less than the blood money for a jawifah.
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- Ftawy
- Original fatwa ID
- 61749
- Imported
- Translation status
- Source text, unreviewed
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