The guardian’s settlement regarding the minor’s right to blood money

Abstract

This study addressed the subject of reconciliation regarding the minor’s right to blood money, which is a subject of great importance, due to the attention paid by Islamic law to it in order to prevent injustice that may befall the minor, and because it relates to the minor’s financial rights in particular. This study came to clarify the powers that the noble Sharia gave to guardians and trustees in reconciliation regarding the minor’s right to legal blood money, and what are the restrictions and controls that it approved to preserve the minor’s right to it, considering that preserving the minor’s money is one of the greatest objectives of Islamic law. The researcher found through his study that the actions of the guardian or trustee with the minor's money are not absolute, but are restricted to what achieves the interest of the minor. The researcher reached the results he reached, and put forward some recommendations related to the subject of the study, the most important of which is the necessity of emphasizing on guardians and trustees to resort to the competent Sharia courts to estimate the legal blood money before proceeding to reconciliation with the offender or his family, and documenting the relationship between the Department of the Chief Justice and the people of reform who have a long history in tribal reconciliation to agree on the foundations from which to proceed to end the differences and disputes between the guardians of the blood and the killer through reconciliation, and clarifying the Sharia rulings related to this matter, especially if there is a minor among the guardians of the blood who has rights.

Keywords: reconciliation, right, minor, blood money, retaliation.