for the offender against whom retaliation is taken would no longer feel the pain that the victim felt when the assault occurred. Moreover, Royal Order no. 16485 dated 1/11/1415 AH—based on the Standing Panel of the Supreme Judicial Council’s decision no. 455/3 dated 12/10/1415 AH—stipulates that qiṣāṣ must be carried out by a qualified specialist whose medical expertise guarantees that no excess will occur.
As for implementing ḥadd penalties such as amputating a hand or a foot, the same Panel had already issued decision no. 145/5/20 dated 7/6/1406 AH, stating that it found no prohibition against using anaesthesia when carrying out such amputations in ḥadd cases; this ruling relates to amputations performed as ḥadd punishments (a public right).
His Highness the Governor of the Riyadh Region has indicated that the situation now requires a fatwa permitting the use of anaesthesia for amputations executed as qiṣāṣ, just as it is permitted for ḥadd punishments, to prevent any overreach and to comply with Royal Order no. 16485 dated 1/11/1415 AH, which mandates that the procedure be performed by medical professionals—who, as a rule, do not conduct operations except under anaesthesia. His Highness the Minister of the Interior, agreeing with the Governor of Riyadh, recommends that the matter be referred to the Council of Senior Scholars to issue the appropriate fatwa, saying: “We request the Council of Senior Scholars to study the matter and issue a fatwa regarding it; please take the necessary steps.”
The Council reviewed the research prepared on this topic and, after study, discussion, and deliberation, resolved—by majority vote—that it is permissible to use anaesthetic (banj) when enforcing qiṣāṣ for injuries short of homicide, provided the right-holder, namely the victim, consents. Success is from Allah.
May blessings and peace be upon our Prophet Muhammad, his family, and Companions.
Council of Senior Scholars