Who has the right to forgive the claim of retaliation in kind
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Fatwa number ( 394 )
Q: Seven years ago, the man referred to as (G. M. K.) lost his mind and killed his wife (S. S. K.) and her brother (M. S. K.). (M. S. K.) died before his sister. (S. S. K.) has a son, who is the son of the killer. They have no heirs other than us, the sons of his paternal uncle, the sons of (S. K.). We waived our rights regarding the aforementioned matter based on the report that he was mentally ill, except for our sister (H. S. K.), who is demanding her right. Does she have any claim from him?
A: If the matter is as the questioner described, then the sons of the paternal uncle do not
inherit from (S. S. K.) in the presence of her son, and her son is the one who has the right to forgive the killer. As for (M. S. K.), his heirs are his paternal uncles' sons if there is no one with a stronger claim than them, and they are the ones who have the right to forgive. As for their sister (H. S. K.), she has no right in the estate of (M. S. K.) and does not have the right to forgive the killer. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Seven years ago, the man referred to as (G. M. K.) lost his mind and killed his wife (S. S. K.) and her brother (M. S. K.). (M. S. K.) died before his sister. (S. S. K.) has a son, who is the son of the killer. They have no heirs other than us, the sons of his paternal uncle, the sons of (S. K.). We waived our rights regarding the aforementioned matter based on the report that he was mentally ill, except for our sister (H. S. K.), who is demanding her right. Does she have any claim from him?
A: If the matter is as the questioner described, then the sons of the paternal uncle do not
inherit from (S. S. K.) in the presence of her son, and her son is the one who has the right to forgive the killer. As for (M. S. K.), his heirs are his paternal uncles' sons if there is no one with a stronger claim than them, and they are the ones who have the right to forgive. As for their sister (H. S. K.), she has no right in the estate of (M. S. K.) and does not have the right to forgive the killer. 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.