He—may Allah have mercy on him—was asked:

A man deliberately killed another man. The victim left a five-year-old daughter, a wife pregnant with his child, and sons of his paternal uncles. May retaliation be exacted from the killer before the daughter reaches maturity and the wife gives birth, or not?

He replied:

Praise be to Allah. The other heirs may not exact retaliation from him before the child is born, except according to Mālik, who allows the agnatic heirs to exact retaliation before then.

If she gives birth to a daughter or twin daughters, so that the sons of the victim’s paternal uncles have a share in the estate, the agnatic heirs may exact retaliation before the daughters reach maturity according to Abū Hanīfa, Mālik, and one report from Ahmad. According to the best-known report from him, however, retaliation may not be exacted for the daughters; this is also al-Shāfiʿī’s view.

May the daughters’ guardian, such as the judge, act on their behalf in exacting retaliation or accepting a financial settlement? There are two reports from Ahmad. “The first,” which is also the view of the majority of scholars, permits this. “The second” does not permit retaliation, in agreement with al-Shāfiʿī’s view. However, if the daughters are in need, may their guardian negotiate a financial settlement for them? There is a well-known disagreement on this within al-Shāfiʿī’s school.