My uncle died as a result of a car accident, and my grandfather pardoned the accused. Is that permissible for him, given that he did not take the opinion of his children and his wife?
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The questioner:
He asks and says: My uncle died as a result of a car accident, and my grandfather made a settlement, and the accused was pardoned without taking any amount. Is that permissible? Or is it not permissible? Because he has children and a wife, and it is necessary, it is necessary to take their opinion? May Allah reward you with good.
The Shaykh:
There is no doubt that the right belongs to the heirs of the murdered person, for they are the ones who decide on the pardon or taking the blood money. If there are minors among them, they wait until they reach puberty and become mature, and then their opinion is taken. As for their guardian, he does not take their place in pardoning or settling,
The presenter:
because this is not within his authority.
The Shaykh:
Yes.
He asks and says: My uncle died as a result of a car accident, and my grandfather made a settlement, and the accused was pardoned without taking any amount. Is that permissible? Or is it not permissible? Because he has children and a wife, and it is necessary, it is necessary to take their opinion? May Allah reward you with good.
The Shaykh:
There is no doubt that the right belongs to the heirs of the murdered person, for they are the ones who decide on the pardon or taking the blood money. If there are minors among them, they wait until they reach puberty and become mature, and then their opinion is taken. As for their guardian, he does not take their place in pardoning or settling,
The presenter:
because this is not within his authority.
The Shaykh:
Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، توفي عمي نتيجة حادث سير، وعفى جدي عن المتهم، فهل يجوز له ذلك ولم يأخذ برأي أولاده وزوجته؟ الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.