Is the Imam liable for damages resulting from corporal punishment administered based on false witness testimony?

General Chapter

Al-Mughni

Book of Judicial Rulings

Book 64 · Issue 1 · Bab 1

Open in Qurani

Primary text

The Imam is liable to guarantee any resulting consequences of the striking (punishment) if the witnesses are subsequently found to be sinful (*fusāqa*), disbelievers (*kuffār*), or slaves (*'abīd*). This position is held by Al-Shafi'i. The basis for this ruling is that the act constitutes a wrongful injury (*jināyah*) issued from the Imam's error, making it his liability, similar to cases where he causes amputation or death.

Supporting text

Abu Hanifa holds that the Imam bears no such liability in this situation.