Decision of the Islamic Fiqh Academy on the ruling concerning the re-implantation of a limb severed under a ḥadd or qiṣāṣ punishment: Decision no. (58)

In the name of Allah—the Most Gracious, the Most Merciful.

All praise is due to Allah, Lord of the worlds; and blessings and peace be upon our master Muhammad, the Seal of the Prophets, and upon his family and Companions.

The Council of the Islamic Fiqh Academy, convened in its sixth conference session in Jeddah, Kingdom of Saudi Arabia, from 17 to 23 Shaʿbān 1410 AH, corresponding to 14–20 March 1995 CE,

after reviewing the papers submitted to the Academy on the topic “Re-implantation of a limb amputated pursuant to a ḥadd or qiṣāṣ,”

and after listening to the discussions that took place on the matter,

and bearing in mind the objectives of the Shariah in enforcing the ḥadd—deterrence, prevention, exemplary punishment, maintaining the continuing impact of the penalty so that it serves as a lesson and admonition, and eradicating crime—

and in view of the fact that reattaching the severed limb, according to contemporary medical standards, requires immediate action that can only result from prior collusion and special medical preparation, indicating a lax attitude toward the seriousness and effectiveness of the ḥadd,

has resolved as follows:

1- It is not permissible, according to the Shariah, to reattach a limb amputated in execution of a ḥadd. The visible continuance of the ḥadd fully realises the punishment prescribed by law, prevents collusion aimed at nullifying it, and averts any ostensible conflict with the ruling of the Shariah.

2- Because qiṣāṣ has been legislated to establish justice, redress the victim, safeguard the community’s right to life, and provide security and stability, it is likewise impermissible to reattach a limb amputated in execution of qiṣāṣ, except in the following cases: