Can the guardian of an insane person entitled to Qisas accept compensation?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 4 · Bab 2

Open in Qurani

Primary text

If the person entitled to Qisas is insane and poor, the guardian is permitted to accept compensation (Diyya) in lieu of Qisas. This is permitted because the state of insanity is not a usual condition where one awaits recovery or sanity.