To what extent is it valid to say that legal retaliation (qisas) is waived if a one-eyed person gouges out another's eye unjustly and aggressively, in order to avoid the assailant becoming blind?
Scholars have differed regarding the ruling on a one-eyed person who intentionally blinds the eye of a person with two sound eyes. The majority of jurists (Hanafis, Shafi'is, and Malikis) hold the view that qisas (retaliation) is obligatory, with the Malikis detailing a condition of equivalence. In contrast, the Hanbalis are of the opinion that qisas is not applicable, and that the victim is entitled to full diyah (blood money), basing their view on narrations from Umar and Uthman, may Allah be pleased with them. There are other opinions stating that the victim has the choice either to demand qisas while paying half of the diyah, or to take full diyah.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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