Who bears the liability if the ruler commands an excess beating beyond the prescribed Hadd?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
If the ruler commands an excess beating beyond the Hadd and the executioner complies, the opinion is that liability rests upon the ruler if the executioner believed obedience was obligatory and was ignorant of the prohibition of the excess. However, if the executioner was aware of the prohibition, the liability rests upon the executioner himself, similar to ordering someone to wrongfully kill another person. In cases where liability is assigned to the ruler, there are two narrations concerning whether the cost falls upon the 'Aqilah or the public treasury (Bayt al-Mal). The preferred view, according to the Qadi, is that it falls upon the Bayt al-Mal because the ruler's errors are frequent, and charging the 'Aqilah would unduly burden them. The second view holds it falls upon the 'Aqilah because the error was his own.
Supporting text
It is suggested that these two narrations apply only when the excess was committed in error. If the excess was intentional, it is a deliberate injustice, and there is no reason for the liability to fall upon the Bayt al-Mal, similar to intentionally striking one who deserves no punishment.