Liability when the ruler orders an act he believes permissible, but the killer (who is not a recognized jurist) does not believe it permissible, resulting in death?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the ruler believes the killing is permissible, but the ordered person (the killer) does not believe it permissible, the liability (guarantee/Diyya) falls upon the killer, not the ruler. This is because the ruler commanded based on his understanding (Ijtihad), but the killer was not entitled to accept the command as he did not share the belief in its permissibility, making him liable for killing one whose blood was not lawful to spill according to his own understanding.
Supporting text
A distinction must be made if the killer is a jurist (Mujtahid) or a follower (Muqallid). If the killer is a jurist, the ruling is as stated by the judge above (liability falls on the killer). If the killer is a follower, there is no liability upon him, as he is permitted to follow the Imam's ruling in what he perceived as permissible.