One proceeds as follows: if the competitors have set a condition, that condition must be observed; if they have set no condition, their customary practice is observed, for custom carries the weight of an explicit stipulation. If they have neither custom nor condition, the matter admits two possibilities.
According to the Shafiʿī jurists on this point (1) there are three opinions:
- The hit is counted.
- The hit is not counted.
- If one follows prevailing custom, it is not counted; if custom is disregarded, it is counted.
They argue that the ordinary practice of archers is not to count such a strike.
The correct view is that it should be counted (2), for we impose (3) retributive punishment (qiṣāṣ) for an identical strike when someone deliberately (4) kills another who is his equal, and we treat it as though the arrow had travelled straight on until it reached the victim. Counting it in an archery contest is even more reasonable; for if a mere doubt were sufficient to preclude counting the strike (5), it would all the more preclude it in the case of qiṣāṣ. This is manifest, and praise belongs to Allah.