Who bears liability when a non-ruler citizen orders another citizen to kill?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 2 · Bab 2

Open in Qurani

Primary text

If a citizen, who is not the ruler, orders another to kill, and the killing occurs, the retribution falls entirely upon the one who carried out the act, regardless of whether he knew the order was illegitimate. Obedience to a fellow citizen in matters of killing is not obligatory, unlike obedience to the ruling authority (Sultan) who has the right to impose capital punishment for crimes such as apostasy, adultery, or highway robbery, or to enforce Qisas for others.