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Resolutions of Iftaa' Board

Resolution No. (8): "Ruling on an Heir Inheriting the Person that he had Killed"

Date Added : 25-01-2018

 

Resolution No.(8) by the Board of Iftaa`, Research and Islamic Studies:

  "Ruling on an Heir Inheriting the Person that he had Killed"

Date: 6/4/1407AH, 7/12/1986 AD

 

Question: What is the ruling on an heir receiving a share from the one that he had killed for the motivation of inheritance?
Answer: Praise be to Allah, The Lord of the Worlds.
The Board is of the view that the husband`s killing of his wife is unlawful, so it has decided that in this particular case, the killer doesn`t inherit the killed. In fact, this is the view of the Hanafite`s juristic school and it is effective in the Jordanian Civil Status Law. This is also the view of all juristic schools, which stipulate that a killer (an heir) is excluded from inheriting the killed in case of unlawful killing, whether it was intentional, or accidental. This is supported by what was narrated after the Prophet (PBUH) who said (What means): “An heir receives no inheritance from the person that he killed" ([1]). And Allah Knows Best.

 

 

 

([1]) Related by Abu Dawood in [Al-Sunn] - The Diyat Book/Organ's Diya Chapter. Hadith No.(4564) taken from the Narration of Amr Ibn Sho'aib who related from his father from their granfather. Al-Baihaqee commented in [AL-Sunn Al-Kobra] by saying: "The authentication of this Hadith is taken from other Hadithes" 

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Summarized Fatawaa

Is it permissible for a father to disinherit his disobedient, alcohol consuming son and his daughter who had fled home and never returned?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is permissible to give heirs some money because of their being extra obedient or needy. As far as inheritance is concerned, it is to be divided after one`s death, so it had better be left to the court itself. And Allah The Almighty Knows Best.

What is the ruling on the unification of Adhan?

 All perfect praise be to AllahThe Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.                                                                                                                                                                                                                                  The unified Adhan is an act of Sunnah performed on behalf of a city's population. In addition, any Masjid that doesn’t have a Mua'than (The person who calls for prayers) and doesn`t raise the Adhan misses the reward of this great act. This is because Adhan should be raised for every group of people. However, the unified Adhan should be called in one Masjid and heard through all other Masjids. And Allah Knows Best.

Is it permissible for a man to wear transparent clothing?

It is not permissible for a man to wear transparent clothing that reveals his 'Awrah (the area that must be covered). The 'Awrah of a man is "from his navel to his knees", and modesty is more prudent. And Allah Knows Best.

What is the ruling on visiting a deceased's grave and supplicating Allah for him by his wife? Is the reward of reciting verses of the Holy Qur'an reaches the deceased?

There is no harm on visiting graveyard by woman with the intention of piety so long as they are dressed in accordance to the Islamic teachings. We ask Allah, The Almighty that the reward of reciting the Holy Qur'an on dedicated to the deceased reaches him. And Allah Knows Best.

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