Back to search
The question

Is it permissible for the guardian appointed by the judge to oversee the rights of a minor to pardon the killer in cases of intentional homicide?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the minor is solely entitled to the blood-money, his guardian may consider what is more beneficial for him: retribution (qisas) or blood-money (diyah). If he deems retribution more beneficial, he should exact it from the perpetrator. If he deems taking the full blood-money more beneficial, he should take it. It is not permissible for the guardian to settle for less than the full blood-money if the perpetrator is well-off (wealthy). However, if the perpetrator is in straitened circumstances, it is permissible for the guardian to settle for less than the blood-money. It is a condition for the one who pardons (al-aafi) to be an adult and of sound mind, so the pardon of a child or an insane person is not valid. The guardian may settle for the full blood-money if the perpetrator is well-off, or for less than the blood-money if the perpetrator is in straitened circumstances. However, he is not permitted to pardon, because it would invalidate the minor's right.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
54174
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy