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Resolutions of Iftaa' Board

Resolution No. (169): "The Heirs aren`t Entitled to the Inheritance, Save after Paying off the Deceased`s Debts"

Date Added : 25-10-2015

Resolution No. (169), By The Board of Iftaa', Researches and Islamic Studies:

"Resolution No. (169) "The Heirs aren`t Entitled to any portion of Inheritance, Save after Paying off the Deceased`s Debts"

Date: (25/9/1432AH), corresponding to (25/8/ 2011AD)

 

Praise be to Allah, peace and blessings be upon Prophet Muhammad and upon His Family and companions.

During the above given date, the Board reviewed  the following question:

My brother (May Allah have mercy on his soul) was killed in line of duty. He has been indebted with almost forty thousand dinars as installments of a flat that he purchased through the Jordan Islamic Bank - (300JDs) per month. (82885JDs) are due to his heirs and this amount was given to them in cheques with different payments. However, they have refused to pay off his debts. What is the Sharia ruling on this and can they take their shares from the estate before paying off the deceased`s debts?

After thorough study and deliberation ,the Board  decided the following :

The heirs aren`t entitled to take anything from the deceased`s estate, save after paying off his debts because Allah Says in the verses on inheritance (What means): “After any bequest they may bequeath, or any debt.” {An`Nisa`/12}. And Abdullah bin Amr bin Al-Aaas (May Allah Be pleased with them) reported that the Messenger of Allah (PBUH) said: “A martyr is exempt of all sins except debt.” {Muslim, 4991}.

Accordingly, the heirs are not entitled to anything from the property of the deceased  except after paying off his debts. However, if they had taken their shares from the inheritance  and later on found out that he was indebted, then each of them - young or old - must pay the debt percentage due on their share. Any heir who abstains from doing so is considered sinful according to Islamic Sharia and is to be called to account for denying  the right of the deceased regarding the settlement of the latter`s debt before Allah.

Therefore, if all of the heirs  pay off  the debt  from  their shares ,the flat becomes theirs – each according to his/her share – and the rest of the inheritance is divided amongst them according to Sharia.

The Board is of the view that  the heirs should treat the children of the martyred mercifully and compassionately, and not to leave them homeless because Allah Says (What means): “And let them fear those who, if they leave behind them weak offspring would be afraid for them; let them fear God and speak pertinent words. “ {An-Nisa`/9}. And Allah Knows Best.

 

 

Chairman of the Iftaa` Board 

The General Mufti of The Hashemite Kingdom of Jordan :His Eminence , Abd Al-Kareem Al-Khasawneh

Vice Head of Iftaa` Board:  His Eminence Dr. Ahmad Hilayel

Dr.Yahia Al-Botosh/member

His Eminence :Sheikh Sa`id Al-Hijawi/member

Dr. Mohammad Khair Al-Essa/member

His Excellency : Judge Sari Attieh/member

.Dr.Abdulrahman Ibdaah/member

Dr.Mohammad Oglah Al-Ibrahim/member

Dr.Abdulnasir Abulbasal/member

Dr.Mohammad Al-Zo`bi/member

Dr.Mohammad Al-Gharaibeh/member

Executive Secretary of Iftaa`Board:Sheikh Mohammad Al-Hinaiti

 

 

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Summarized Fatawaa

What is the ruling of Islam on swearing by Allah without intending to take an actual oath?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone swears by Allah without intending to take an actual oath, and without the firm resolve to bind themselves to it, then there is no sin or expiation (Kaffarah) required of them. Allah the Exalted says {what means}: 'God will not call you to account for thoughtlessness in your oaths, but for the intention in your hearts; and He is Oft-forgiving, Most Forbearing.' [Al-Baqarah/225]. However, a Muslim should avoid swearing oaths excessively so that their tongue does not become accustomed to it. Allah the Exalted says {what means}: 'And make not God’s (name) an excuse in your oaths against doing good, or acting rightly, or making peace between persons; for God is One Who heareth and knoweth all things.
' [Al-Baqarah/224]. And Allah the Exalted knows best."

What is the ruling on using moisturizing creams on the skin during the day in Ramadan?

Using moisturizing creams on the skin does not break the fast because they do not enter the body cavity (jauf). Any absorption that occurs through the skin pores does not count as entering through an open passage.

Is it permissible for a woman who has become pure before the end of forty days of confinement to perform different acts of worship? and is it lawful for her husband to have sex with her?

Once postpartum bleeding ceases and she is certain that it won`t happen again, she becomes pure, and so she should perform Ghusl (ritual bath), pray, and fast. She can also have sex with her husband even before the end of (40) days because the minimum of postpartum bleeding is a moment, and the maximum is (60) days. However, the postpartum bleeding for the majority of women is (40) days, but this does not apply to rest of them.

Who is required to give fidyah for fasting?

Fidyah—feeding one needy person for each missed fasting day—is required for:
1. Those who are permanently unable to fast, such as:
○ Elderly men and women who are too weak to fast.
○ People with chronic illnesses that have no hope of recovery.
2. Pregnant or breastfeeding women who break their fast out of fear for their child (fetus or infant).
3. A person who delays making up Ramadan fasts (qada) until the next Ramadan begins, without a valid excuse.
4. The estate of a deceased person who had missed obligatory fasts and had the ability to make them up but did not do so.

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