Hukumat al-adl (assessed compensation)

حكومة العدل

Hukuma is lexically a noun from hakama and means restraining the wrongdoer. ¹ In jurisprudence the hukuma of fairness is the sum fixed by a just assessor for a wound with no prescribed amount, the assessment resting on the judge's or arbiter's reasoning. ^{1 2} In principle every injury short of death with no retaliation or fixed compensation carries a hukuma. ² Its conditions: the injury has no fixed compensation in the law, the hukuma does not exceed the fixed compensation of the organ, the assessment comes after healing, and a judge or arbiter gives it. ^{3 4 5} On the method, the majority value the victim as if a slave and take the loss of value; others liken the wound to the nearest injury with a fixed sum, and cite a narration attributed to Ali for a tongue injury. ^{4 5} The Maliki position holds that a wound healed without a scar carries no payment beyond the fixed sum, and the scarred head and face wounds are disputed. ⁶