Resolutions of Iftaa' Board



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 husband to stop his wife from visiting her family?

A husband shouldn`t stop his wife from visiting her family, and it is disliked for him to do so because such an act makes them harbor feelings of hatred against him.

How long is the` Iddah (waiting period) of a divorced woman?

The waiting period (iddah) of a divorced woman who is pregnant is until she gives birth. If she is of menstruating age, her waiting period is three menstrual cycles. If she does not menstruate, her waiting period is three months. And Allah Knows Best.

What is the ruling on someone who vowed to fast for two consecutive months, but failed to do so?

He is obliged to fulfill his vow by fasting for two consecutive months, but if he fails to do so then, it remains a debt on him until he either fulfills his vow, or dies. In case of his death, his guardian is supposed to fast on his behalf, or donate food from his estate in return for fasting, but if the guardian fails to do so then, it is all in the Hands of Allah.

I had my menstrual period at the beginning of Ramadan for six days, then it ended and I became pure. After four days, I started noticing some blood again, which has lasted for two days now, but it is not as heavy as menstrual blood. Is this blood considered menstrual blood, and what is the ruling regarding my prayers, fasting, and reading the Quran during this period?
 

All praise is due to Allah, and peace and blessings be upon our Prophet Muhammad.
The minimum duration of menstruation is one day and one night, and its maximum is fifteen days. Any blood beyond this period is considered irregular bleeding (Istihada). Since the bleeding did not exceed fifteen days, it is considered menstrual blood within the regular cycle. Therefore, you should not pray or fast until the bleeding stops and the signs of purity appear. If the bleeding stops before fifteen days from when it first started, then all the blood you saw is considered menstrual blood, and you must make up the fasts, but not the prayers. If it exceeds fifteen days, then the first six days are menstrual blood, and the blood that follows is considered irregular bleeding. Your prayers and fasting are valid, and there is no issue with them. And Allah Knows Best."
 
*This answer was updated on [18/5/2023].