Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(21): "Is the Killer (Inheritor) Entitled to Inherit the Person whom he had Killed (Inheritee)"

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

Does tooth extraction during the day in Ramadan break the fast?

Simply extracting a tooth during the day in Ramadan does not break the fast. However, if water or blood enters the body cavity, the fast becomes invalid.
Whoever's fast is invalidated in this way must refrain from eating and drinking for the rest of the day out of respect for the sacred month and make up for that day later.
It is preferable to postpone the extraction until nighttime or after Ramadan if possible.

Someone wiped over his shoes after wearing them in a state of purity, then took them off and prayed without them?

Ablution is not invalidated by taking off leather socks or shoes after wiping over them. However, whoever takes them off after wiping must wash his feet only. If he prayed without washing his feet, he must wash his feet and repeat the prayer. And Allah the Almighty knows best.

What is the ruling on someone who curses the religion or commits an act of disbelief during the day in Ramadan?

Whoever apostatizes (leaves Islam) while fasting, their fast is invalid. Cursing the religion is an act of apostasy (may Allah protect us from it). Such a person must return to Islam by pronouncing the Shahadah (testimony of faith), seek Allah’s forgiveness, refrain from eating and drinking for the rest of the day, and make up for that day’s fast later.

What are the valid excuses for abstaining from congregational prayer in the mosque?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Concessions (Rukhsah) are granted to abstain from congregational prayer in the mosque due to general excuses, such as: rain that causes hardship in going out, strong winds at night, heavy mud that cannot be traversed without the risk of soiling oneself, hot winds, and extreme heat or cold. There are also specific individual excuses, such as: illness that makes walking as difficult as walking in the rain, severe drowsiness, evident hunger or thirst, the suppression of bodily wastes (urine, stool, or gas), and fear for one's life, limb, physical faculty, wealth, or honor, among other valid excuses. And Allah the Exalted knows best.