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?
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 . Therefore, the divorced wife of the deceased (with a revocable divorce, and the husband died before her ' ended) has the right to waive the right to retribution.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/192777
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 192777
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy