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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: FtawySummarized from the full answer at Ftawy · imported 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).

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Original fatwa ID
86946
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