, may Allah bless him and grant him peace. It is well known that whenever quantities can be determined by measurement, this is done. When that is not possible, estimation takes its place because of the need, like other substitutes in matters of knowledge and indication. Thus, analogy takes the place of an explicit text when none is available, and valuation takes the place of an equivalent or an unavailable stipulated price when these cannot be supplied.
Another example is determining lineage through physical resemblance when other circumstantial evidence is unavailable, since a child resembles his father. Estimation, determining lineage through resemblance, and valuation thus provide substitute means of knowledge, just as analogy does in relation to an explicit text. The same applies to justice in practice, for the Sharia is founded upon justice, as Allah Most High says:
“Indeed, We sent Our messengers with clear proofs, and sent down with them the Scripture and the balance, so that people might uphold justice.”
“Allah does not burden a soul beyond its capacity.”
Allah has prescribed retaliation for violations of life, property, and honour, insofar as this is possible. Allah Most High says:
“Retaliation is prescribed for you in cases of killing”—and the rest of the verse.
And He Most High says:
“We prescribed for them therein: a life for a life”—and the rest of the verse.
And He Most High says:
“The recompense for an evil is an evil like it”—and the rest of the verse.
And He Most High says:
“So whoever transgresses against you”—and the rest of the verse.
And He Most High says:
“If you retaliate, then retaliate with the like of that which was inflicted upon you”—and the rest of the verse.
If a man deliberately and wrongfully kills someone of equal legal standing, he is liable to execution in retaliation. He may then be subjected to the same treatment that he inflicted, insofar as possible. This is the position of the scholars of Medina and those who agree with them, such as al-Shāfi‘ī and Ahmad, according to one of the two reports from the latter, provided that the act is not prohibited on account of Allah’s right