The right of a minor in blood money cannot be waived
Machine translationRead the Arabic original
Fatwa number ( 9545 )
Q: It is thatan accident happened to my father, and he passed away to the mercy of Allah, and so did the other driver, as two cars collided. Please note that the driver who hit my father was 100% at fault. Also, I am the legal guardian of my father’s heirs, who number six: two daughters and four sons, and I am the seventh. I want to forgive the family of the deceased who died with my father, knowing that both drivers have passed away to their Lord. Do I have the right to forgive on behalf of my brother heirs, as I do not want any blood money, since I am responsible for my siblings’ expenses until they reach maturity? Therefore, I ask Allah, then your eminence, for guidance.
A: If the situation is as described, you have no right to waive anything except your own share. As for the heirs' share, you have no right to forgive it on their behalf unless they are adults of sound mind and have appointed you to act on their behalf in this matter. The fact that you are responsible for their financial maintenance does not give you the right to forgive their share.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: It is thatan accident happened to my father, and he passed away to the mercy of Allah, and so did the other driver, as two cars collided. Please note that the driver who hit my father was 100% at fault. Also, I am the legal guardian of my father’s heirs, who number six: two daughters and four sons, and I am the seventh. I want to forgive the family of the deceased who died with my father, knowing that both drivers have passed away to their Lord. Do I have the right to forgive on behalf of my brother heirs, as I do not want any blood money, since I am responsible for my siblings’ expenses until they reach maturity? Therefore, I ask Allah, then your eminence, for guidance.
A: If the situation is as described, you have no right to waive anything except your own share. As for the heirs' share, you have no right to forgive it on their behalf unless they are adults of sound mind and have appointed you to act on their behalf in this matter. The fact that you are responsible for their financial maintenance does not give you the right to forgive their share.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
