Is Qisas (Just Retribution) for Intentionally Bodily Harm Entirely Based on Ijma'?

Abstract

Some contemporary scholars maintain that the rules relating to qisas (just retribution) for bodily harm are based entirely upon ijma'. However, works by the Hanafi jurists seem to suggest that other sources of law are important as well. This article attempts to elaborate the issue by focusing on the discussion by those jurists of the conditions of implementing just retaliation for bodily injuries: equality of injuries, possibility of implementing just retribution, equality of the parties with respect to both being free persons, equality of the parties with respect to both being free persons, equality of the parties with respect to gender, and the determination that the injury suffered by the victim is permanent.