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Search Fatawaa

Subject : Waiving Minors` Share in their Father`s Diyah is Forbidden

Fatwa Number : 451

Date : 24-01-2010

Classified : Punishments

Fatwa Type : Search Fatawaa

Question :

My brother engaged in a brawl with seven individuals, and died as a result. Prior to the fight, he had suffered a kidney failure and a heart clot. Moreover, he was a father of three. The question that arises here is that: are the individuals who led to the death of my brother obligated to pay the Diyah (Blood money) to his heirs, or not? May Allah Reward you.

The Answer :

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

The above individuals are obligated to pay the Diyah to the heirs of the person that they have caused to die, namely his wife, children, father, and mother. Moreover, it is forbidden for anyone to waive the share of the minors (Under the age of puberty) in their father`s Diyah because Islam forbids donating the wealth of minors. As for the heirs who have reached the age of puberty, they are free to waive their share in that Diyah, if they want to. In addition, the fact that the deceased had suffered from the above ailments doesn't cut down the amount of the Diyah due on those who led to his death. And Allah Knows Best.



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