Liability when the ruler believes the killing is prohibited, but the killer believes it is permissible?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 4 · Bab 2

Open in Qurani

Primary text

If the Imam believes the killing is prohibited, but the killer believes it is permissible, the liability falls upon the commander (the one who ordered it), similar to the case where a master orders a slave to kill, and the master himself does not believe the killing is prohibited.