Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 29-11-2015

Resolution No.(21) by the Board of Iftaa`, Research and Islamic Studies:
"Is the Killer (Inheritor) Entitled to Inherit the Person whom he had Killed (Inheritee)"
Date: 30/7/1411 AH, corresponding to 14/2/1991.

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

On the above date, the Board reviewed the verdict issued by the High Court of Justiciary whereby  (Mr. X) wasn`t found criminally responsible for his father`s death because of his mental and psychotic state, as confirmed by the reports of specialized doctors.

Article (183) of the Jordanian Civil Status Law obligates enforcing the preponderant opinion of the Hanafite School of Thought in both the judiciary and Sharia systems. This article reads as follows: "An inheritor who kills his inheritee while being in a state of insanity or suffering from a mental illness that makes him unaware of his actions, enjoys the right to inherit him."

Based on article (586), from the Jordanian Civil Status Law, which reads as follows: "If he has killed the inheritee out of Qisas (Retribution), as a (Had) prescribed penalty, in self-defense, was an indirect cause, or he (killer) hasn`t reached the age of puberty or was insane, then he is entitled to inherit him".

In conclusion, the Iftaa` Board rules that the above murderer is entitled to receive a share from the estate of the murdered (his father). And Allah Knows Best.

Chairman of the Iftaa` Board, Chief Justice Mohammad Mohailan
The Grand Mufti of Jordan, Izzaldeen At-tamimi
Dr. Abdullahlim Ar-ramahi
Dr. Abdusallam Al-Abbadi
Dr. Ahmad Helayel
Dr. Yaseen Daradkeh
Dr. Abdulahaleem Al-Ramahi
Dr. Mohammad Al-Qhodat
Sheikh Ibrahim Khashan

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Summarized Fatawaa

Is it permissible for me to name my newborn baby boy “Al-Moustafa” ?

There is no harm in naming your son “Moustafa” without using the ”Al”.

After our father had passed away, my brother and I stayed with our mother for twenty years and served her to the best of our effort. However, she asked our other brothers (3) to support her financially but they refused to pay her anything. As a result, she gave her share of the inheritance to me and my brother. What is the ruling of Sharia on this?

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 recommended to give one`s children, males and females, equally. However, your mother is allowed to give one of them more than the others because he/she is needy or more dutiful to her than the others. And Allah The Almighty Knows Best.  

Is my son who was breastfed one filling time by my aunt considered a brother to her children?

The baby who was suckled five sporadic times by a woman is considered a son/daughter of hers.

Is it permissible for a woman who broke fasting due to delivery to pay a ransom ?

She should make up for the missed fasting days once she becomes ritually pure, but it is impermissible for her to pay a ransom while being able to fast.