Justice: The Indemnity For Bodily Injuries

This is another article in the chapter Justice from the classical manual on Sharia called Reliance of the Traveller. The articles are posted one by one in the order they are given in the book.

04.13 If a nonpaired body part of aesthetic value and utility (A: a tongue, for example) is dissevered, then a full indemnity is paid, meaning the indemnity due if the member’s owner were killed (def: 04.2-6, 04.9).
The same is due for each pair of limbs: if both are cut off, a full indemnity is paid, while if only one is cut off, then half the full indemnity. The same is true for the faculties of sense (A: such as hearing): for each faculty the injury eliminates, there is a full indemnity. Thus, a full indemnity is paid for cutting off two ears, and a half indemnity for one. This also holds for a pair of eyes, lips, jaws, hands, feet, buttocks, testicles, eyelids, the nipples of a female, vulval labia, the soft part of the nose, the tongue, head of the penis, or whole penis. A full indemnity is also paid for injuries which paralyze these members, or for injuring the peritioneal wall between vagina and rectum so they become one aperture, or for flaying a person, breaking his back, or eliminating the use of his mind. hearing. vision, speech, sense of smell, or taste.
04.14 The indemnity for each finger is ten camels, and five for each tooth (N: or 10 and 5 percent respectively of the equivalent gold values (def: 04.3-5), depending on the relevant circumstances (dis: o4.9(A:)).
04.15 As for wounds on the body. their indemnity consists of a fraction of the full indemnity proportionate (A: by the calculation of the Islamic magistrate) to the extent of the damage.
04.16 The indemnity for wounds on the head or face, when not to the bone, is also such a proportionate fraction, though if such wounds are to the bone. as mentioned above (03.13). the indemnity is five camels (dis: 04.14(N:)).
There are other injuries which I prefer to omit for the sake of brevity.
04.17 There is no indemnity obligatory for killing a non-Muslim at war with Muslims (harbi), someone who has left Islam, someone sentenced to death by stoning (A: for adultery (def: (12)) by virtue of having been convicted in court, or those it is obligatory to kill by military action (N: such as a band of highwaymen).


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