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
