The fine for slaying a woman is half that for slaying a man, “because the rank of a woman is lower than that of a man, so also her faculties and uses!” The fine for slaying a ẕimmī (be he a Jew, Christian, or idolater) is the same as for slaying a Muslim.
A complete fine is also levied for the destruction of a nose, or a tongue, or a virile member, and, also, if a person tear out the beard, or the hair of the scalp, or the whiskers, or both eyebrows, so that they never grow again, “because the beauty of the countenance is thereby effaced.”
A complete fine is due for any fellow parts, as for two eyes, two lips, &c., and one half the fine for one single member.
For each finger, a tenth of the complete fine is due, and as every finger has three joints, a third of the fine for the whole is due for each joint.
The fine for a tooth is a twentieth of the complete fine.
A half fine is due for merely destroying the use of a limb, but if a person strike another in any way so as to completely destroy the beauty of his person, a complete fine must be paid. Wounds on the face, viz. from the crown of the head to the chin, are specially treated, and are termed shijāj. Of shijāj, or “face wounds,” there are ten: (1) hārifah, or such as draw no blood—a mere scratch; (2) dāmiyah, a scratch which draws blood, without causing it to flow; (3) damīyah, a scratch which causes blood to flow; (4) bāẓiʿah, a cut through the skin; (5) mutalāḥimah, a cut to the flesh; (6) simḥāq, a wound reaching into the pericranium; (7) mūẓiḥah, a wound which lays bare the bone; (8) hāshimah, a fracture of the skull; (9) munākilah, a fracture which causes the removal of part of the skull; (10) āmmah, a wound extending to the brain.
For an āmmah wound, a third of the complete fine is due. Fifteen camels are due for a munākilah, ten for a hāshimah, five for a mūẓiḥah, and so on.
All other wounds on other parts of the body may be adjusted for according to the above scale, but are left to the decision of the judge.
For further information on the subject see “Bābu ʾl-Diyah” in the Durru ʾl-Muk͟htār, or the Hidāyah, or the Fatāwā ʿĀlamgīrī, or the Raddu ʾl-Muḥtār.
FIQH (فقه). The dogmatic theology of the Muslims. Works on Muḥammadan law, whether civil or religious. The books most read by the Sunnīs are the Hidāyah, written by a learned man named ʿAlī ibn Abū Bakr, A.H. 593, part of which has been translated by the late Colonel Charles Hamilton; the Durru ʾl-Muk͟htār, by ʿAlāʾu ʾd-dīn, A.H. 1088; the Sharḥu ʾl-Wiqāyah, by ʿUbaidu ʾllāh ibn Masʿūd, A.H. 745; the Raddu ʾl-Muḥtār, by Saiyid Muḥammad Amīn ibn ʿĀbidi ʾd-dīn, and the Fatāwā ʿĀlamgīrī. Amongst the Imāmīyah School, or Shīʿahs, the principal works are Kitābu ʾsh-Sharāiʿ, by Abū ʾl-Ḥasan ʿAlī (A.H. 326); the Muqniʿ fī ʾl-Fiqh, by Abū Jaʿfar (A.H. 360); the Sharāʿiʾu ʾl-Islām, by Shaik͟h Najmu ʾd-dīn (A.H. 679); and the Jāmiʿu ʾl-ʿAbbāsi, by Bahāʾu ʾd-dīn (A.H. 1031).