What is the ruling of Islam concerning a Muslim transgressing against the child of another Muslim without cause, and is it permissible to retaliate for this aggression in kind against his child or against the person himself, or should the matter be left to Allah?
If a person assaults a child, retaliation (qisas) cannot be exacted from the child because "no bearer of burdens will bear the burden of another." The child's guardian undertakes the litigation on their behalf. If the offense necessitates financial compensation, the guardian demands it. If it necessitates retaliation (qisas), the guardian stands in the child's place in the lawsuit.
Scholars differ on the permissibility of the guardian exacting qisas on behalf of a minor. The Shafi'i and Hanbali schools of thought hold that it is not permissible; rather, the minor must wait until they reach puberty and then be given a choice. Their argument is that the objective of qisas, which is to achieve satisfaction (al-tashaffi), is not met if the guardian exacts it.
If the guardian is not permitted to exact qisas, then they are also not permitted to pardon it and accept blood money (diyah) unless there is a clear benefit for the minor, such as a need for the money. If the minor is entitled to a financial right, the guardian is not permitted to waive it because it is not their right, nor does it serve the minor's interest. If the guardian is unable to secure the minor's right, they should entrust the matter to Allah.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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