and the ḥukūmah (judicial appraisal). It is carried out by valuing the injured person as a sound slave, then valuing him again as a defective slave; the difference between the two prices is converted into the corresponding fraction of a full diyah and charged to the offender out of his own property.
The same rule applies to every bodily wound that is not a jāʾifah (penetrating injury): according to Mālik and his companions there is no fixed diyah for such wounds; the judge simply exercises discretion in proportion to the disfigurement and the pain. All of this concerns unintentional injuries.
If the wound was inflicted deliberately, and the exact depth, width, and length can be measured with certainty, qiṣāṣ (retaliation) is taken once the wound has healed. No qiṣāṣ, however, is taken for a jāʾifah, a maʾmūmah (wound reaching the brain), or a munqilah (displaced-bone fracture).
A jāʾifah is any wound that penetrates the body cavity—whether from the front, the back, the side, or the flank—even if caused by a needle or anything larger. Once the victim recovers, it carries one-third of the full diyah.
A maʾmūmah—called ummah by the Iraqis—occurs only in the head and is defined as a wound that reaches the brain, even by a needle; after healing it likewise entails one-third of the diyah. Linguists say it is called ummah, maʾmūmah, or amīm because it reaches the “umm al-raʾs,” the very core where the brain is gathered. Its victim gives a cry like thunder or the bellowing of camels and cannot endure exposure to sunlight. Beyond the maʾmūmah there is only the dāmighah, which shatters the skull and from which no one survives.
A munqilah is the head wound in which a piece of bone is detached and lifted, its bed carried away by the flow of blood; it occurs exclusively in the head. The lower jaw, however, follows the rulings of the body, not those of the head or face.
For a munqilah the diyah is one-tenth plus half of one-tenth of the total diyah—that is, fifteen camels, or one hundred and fifty dinars.
The hāshimah is a head wound that crushes the bone; it carries one-tenth of the diyah, i.e., one hundred dinars. If the bone is displaced, the wound is classed as a munqilah. Neither the maʾmūmah, the munqilah, nor the hāshimah occurs anywhere but in the head, while the muḍīḥah appears in both the face and the head.