Buying and Selling: Ruling on Seeking Qisās or Blood Money When All Heirs Are Minors or Mentally Incapacitated
Practical Laws of Islam as per the teachings of Imam Khamenei
Buying and Selling: Ruling on Seeking Qisās or Blood Money When All Heirs Are Minors or Mentally Incapacitated
English:
Question #1492:
If all the heirs of a murdered person are minor children or mad, is it permissible for their father or grandfather, i.e. their natural guardians, or the guardian appointed by the court to demand retaliatory punishment or blood money?
Answer #1492:
From the proofs relating to the guardianship over minor children and the mad, it is concluded that the Divine Legislator had appointed the guardian for keeping the interests of those under guardianship. Accordingly, in the aforementioned case, the shar‘ī guardian should not make a decision unless he takes into consideration their interests. His choice among retaliatory punishment, blood money, or pardon in return for compensation or without it would, therefore, be effective. Of course, to determine their interests, he should take into account all aspects including the period left for their attaining the age of ritual maturity.
-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Buying and Selling