Subject : It isn`t permissible for the Wali (Guardian) of the Incapacitated Person to Waive the Latter`s Right to Diya

Fatwa Number : 409

Date : 23-12-2009

Classified : Punishments

Fatwa Type : Search Fatawaa

Question :

A woman died as a result of being accidently run over. Her heirs are her father and mother. The father has amnesia and the mother waived her right to her share in the Diya (Financial compensation paid to the victim or heirs of a victim in the cases of murder, bodily harm or property damage). Is it permissible for the brothers of the victim to forgive the driver as far as claiming the Diya is concerned?

The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

The mother`s waiving her share in her daughter`s inheritance is valid if she enjoys complete capacity. As for the father, it isn`t permissible for his children to waive his right to his share in his  daughter`s inheritance. This is because the Wali`s (Guardian) acting on behalf of the incapacitated person is conditioned upon what is best for the latter and waiving financial rights doesn`t serve that end. The children of the man suffering from amnesia must go to an Islamic court to interdict their father and in order for one of them to be appointed as a trustee to be able to spend his money (Father`s)  in what is best for him. And Allah The Almighty Knows Best.

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