Is liability incurred if death results from the proper execution of a legally prescribed Hadd punishment (excluding alcohol)?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
There is no known difference of opinion among scholars that if a prescribed Hadd punishment is carried out according to the prescribed manner without addition, no liability is incurred for death resulting from it. This is because the act is done by the command of Allah and His Messenger, for which one is not held accountable. Furthermore, the executor acts as a deputy for Allah (SWT), thus the resulting death is attributed to Allah. If death occurs due to an excess over the prescribed Hadd limit, liability is due without known dispute, as the death results from transgression, akin to striking someone outside the prescribed penalty.
Supporting text
Regarding the amount of liability when an excess causes death, there are two main opinions. One holds that full Diyah is due because the killing stems from both a divine decree and the striker's transgression. The other holds that half the Diyah is due because the death results from both a liable and a non-liable act. Abu Hanifa, Malik, and one opinion of Al-Shafi'i support the latter. Al-Shafi'i's other opinion suggests liability should be proportional to the excess amount relative to the total lashes. If the excess beating was performed by the executioner on his own initiative without orders, liability falls upon his 'Aqilah (paternal relatives); the same applies if the ruler instructed him to strike an unspecified number of times. If a designated counter erred in the number and did not inform the executioner, liability rests on the counter for the error.