The ruling regarding the father's authority to enforce Qisas for his minor heir.

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 2 · Bab 2

Open in Qurani

Primary text

There are conflicting narrations from Ahmad ibn Hanbal concerning the father's authority to exact Qisas for his minor heir. One reported view supports the opinion that the father may enforce it, analogous to Diyyah, as Qisas is one of the alternatives to life (the primary consequence of homicide).

Supporting text

The secondary opinion holds that the father cannot enforce it because the primary purpose of Qisas (satisfaction and relief of anger) is not attained through the representative's enforcement, unlike Diyyah where the objective is attained.