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The question

What is the Shar'i ruling regarding an assault case that resulted in severe head injury, paralysis, and loss of speech, taking into consideration the principle of "an eye for an eye and a tooth for a tooth," and the victim's desire not to relinquish his right?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If the wound was inflicted intentionally, then retribution (qisas) is obligatory for it, unless there is a fear of the perpetrator's demise. If the wound reaches the membrane of the brain (al-ma'moumah), or necessitates the removal of some bones (al-muntaqilah), then there is no qisas for it, and only blood money (diyah) is obligatory. This is one-third of the full diyah for al-ma'moumah, and one-tenth plus half of one-tenth of the diyah for al-muntaqilah. The victims have the right to reclaim what was stolen from them. The authorities must punish the gang for their criminal act, which falls under the category of hirabah (unlawful warfare/banditry).

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
86946
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy