Who bears liability for homicide when an authoritative ruler orders a subject to kill another?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 1 · Bab 2

Open in Qurani

Primary text

If a ruler orders a man to kill another, and the killer knew that the victim did not deserve death, the retribution (Qisas) falls upon the killer, not the one who ordered it. This is because the killer is not excused for his action. Evidence rests on the Prophet's saying, "There is no obedience to a created being in disobedience to the Creator," and another narration stating, "Whoever among the rulers orders you contrary to obedience to Allah the Almighty, do not obey him." Thus, retribution is incumbent upon the killer, as if a non-ruler had ordered him. However, if the killer did not know the victim did not deserve death, the Qisas falls upon the ruler, not the ordered person, because the ordered person is excused due to the obligation to obey the Imam in matters that are not disobedience, and the apparent assumption is that the Imam orders only what is right.

Supporting text

If the ruler forces the subject to commit the killing, or to flog someone unjustly resulting in death, retribution falls upon both the ruler and the subject. If blood money (Diyya) is due, it is incumbent upon both.