Is the Imam liable for damages resulting from corporal punishment administered based on false witness testimony?
General Chapter
Al-Mughni
Book of Judicial Rulings
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.