Removal of the Guardianship of the Father of an Underage in the Right of Qisas

The issue of guardianship of the father over an underage in the right of qisas is one of the important issues in the jurisprudence of the Ahl al-Bayt (a). There are two major opinions in this regard: the first view is by AllamaHilli, the author of Shara’i’ who believes that the guardianship of the father over the underage is a general concept and includes the right of qisas as well. The other opinion is by al-Shaykh al-Tusi who maintains that the father has guardianship over the underage and there is no designation denoting the generality of the father’s guardianship over the underage. Jurists are divided into two major groups based on these two major opinions. The second view is stronger than the first view in terms of foundations and arguments.