Wounds in Islamic Law (Shijāj - شجاج)
Definition and Etymology
The term “Wounds” in Arabic is شجاج (Shijāj), which is the plural form of شجَّة (Shajjah). Islamic jurisprudence, particularly within the framework of Muhammadan law, categorizes and prescribes specific legal compensations for wounds inflicted on the face and head. Wounds on other parts of the body are subject to arbitrary atonement.
Types of Shijāj
According to the Hidāyah, a classical Hanafi legal text, there are ten distinct types of wounds (Shijāj):
- Ḥāriṣah (حارصة): A scratch that does not draw blood.
- Dāmiʿah (دامعة): A scratch that draws blood without causing it to flow.
- Dāmiyah (دامية): A scratch that causes the blood to flow.
- Bāẓiʿāh (باضعة): A cut through the skin.
- Mutalāḥimah (متلاحمة): A cut that penetrates into the flesh.
- Simḥāq (سِمحاق): A wound reaching the pericranium (the outer layer of the skull).
- Mūṣiḥah (مُوصِحَة): A wound that exposes the bone.
- Hāshimah (هاشِمة): A fracture of the skull.
- Munaqqilah (مُنَقِلَة): A fracture requiring removal of part of the skull.
- Āmmah (آمَّة): A wound extending to the membrane enclosing the brain.
Legal Compensations
Islamic law sets forth specific compensations for most types of wounds:
- Mūṣiḥah: Compensation equivalent to one-twentieth of the full fine for murder.
- Hāshimah: Compensation equivalent to one-tenth of the full fine for murder.
- Munaqqilah: Compensation equivalent to three-twentieths of the full fine for murder.
- Āmmah: Compensation equivalent to one-third of the full fine for murder.
All other types of wounds are subject to the discretion of the judge, who may take into account the severity and circumstances of the injury.
Cultural and Religious Context
The meticulous categorization of wounds and their corresponding compensations illustrate the importance of justice and equity in Islamic law. The legal distinctions aim to provide fair restitution to the injured party while maintaining social harmony.
Books for Further Studies
- “The Hidāyah: A Commentary on the Islamic Laws” by Burhan ud-Din Al-Marghinani
- “Reliance of the Traveller: A Classic Manual of Islamic Sacred Law” by Ahmad ibn Naqib al-Misri
- “Islamic Law: Theory and Practice” edited by Robert Gleave and Eugenia Fantini
Key Takeaways
- Shijāj (شجاج) refers to specific types of wounds on the head and face in Islamic law.
- Islamic jurisprudence details ten kinds of wounds, each with designated compensations.
- Legal compensations are precisely outlined in texts like the Hidāyah to ensure justice.
- Understanding these legal nuances emphasizes the depth and structured nature of Islamic jurisprudence.
Conclusion
The classification and legal treatment of wounds (شجاج - Shijāj) in Islamic law highlight an intricate system designed to uphold justice. This system reflects the careful consideration of varying degrees of physical harm within Islamic jurisprudence, illustrating a balanced approach to legal and ethical responsibilities.
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