Is the Sultan liable for damages if his command leads to harm or death?

General Chapter

Al-Mughni

Book of Beverages (Intoxicants)

Book 53 · Issue 1 · Bab 1

Open in Qurani

Primary text

The Qadi and the Ashab al-Shafi'i hold that the Sultan is liable for damages if his command, such as ordering someone to climb a rampart or descend a well, results in harm to the individual. This is because obedience to the Imam is obligatory, and if this obedience leads to destruction, it is as if the Sultan forced the individual into that situation. If the order came from someone other than the Imam, there is no liability because obedience is not mandatory, so the individual was not compelled. If the Sultan orders someone to proceed on a matter of need, and the person trips and perishes, the Sultan is not liable because walking is generally not the cause of death, unlike the situations above. If the command leading to liability was for the benefit of the Muslims, the compensation comes from the public treasury (Bayt al-Mal). If it was for the Sultan's personal benefit, the liability rests upon him or his blood relatives ('aqilah).