Can the guardian accept compensation instead of Qisas if the minor is poor and needy?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 3 · Bab 2

Open in Qurani

Primary text

There are two scholarly opinions regarding whether the guardian may accept compensation when the minor is poor and in need. The sounder opinion, favored by Al-Qadi, permits the guardian to do so, based on the necessity of securing funds for the minor's maintenance. This opinion is preferred because the obligation of maintenance from the public treasury (Bayt al-Mal) does not suffice if the funds are not actually obtained.

Supporting text

The alternative view holds that acceptance of compensation is not permissible, asserting that while the guardian cannot forgive the Qisas, the minor's maintenance obligation lies with the public treasury.