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Who are the legal guardians of the blood (awliya al-dam) authorized to waive retribution ( تنازل) and accept blood money (diyah) in the case of a murder involving a divorced husband who has two minor children, two sisters, and paternal uncles?

1 min readAlso available in العربية

Waiving the right to retribution (blood money or capital punishment) is religiously encouraged and is a right for all heirs (men and women, adults and minors), which is the view of the majority of scholars. Abu Dawud and Ibn Taymiyyah held this view, citing Aisha's narration: "Among those who fight, the first to be held accountable is the first [aggressor], even if it is a woman." There is also an account from Omar (may Allah be pleased with him) that the wife of a slain man pardoned her right, and thus the killer was set free. Al-Shanqiti mentioned that the term "wali" (guardian/next of kin) includes all heirs (men, women, minors, and adults), which is the view of Imam Ahmad, Abu Hanifa, and Al-Shafi'i. It is more probable that the "wali" in the verse refers to the heirs, both male and female. The evidence for the inclusion of female heirs as "wali" is the aforementioned hadith. Therefore, the divorced wife of the deceased (with a revocable divorce, and the husband died before her 'iddah ended) has the right to waive the right to retribution.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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