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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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 best charity to offer on behalf of the deceased? Is it giving food, reciting Quran, giving money or supplicating? What is the best charity to offer on behalf of dead father and dead husband? What is the best continuous charity to offer on behalf of the deceased?

Praise be to Allah the Lord of the Worlds. The deceased benefits from every righteous deed offered on his/her behalf, be that continuous charity, reciting Quran or a pious son praying for him/her. However, the best righteous deed is performing Haj and Omrah on their behalf especially if he/she hadn`t performed that ritual for it remains a debt on them. The evidence on this is that Ibn 'Abbas (Allah be pleased with them) reported: A man came to the Messenger of Allah (PBUH) and said: "Messenger of Allah, my mother has died (in a state) that she had to observe fasts of a month (of Ramadan). Should I complete (them) on her behalf? Thereupon he (the Holy Prophet) said: Would you not pay the debt if your mother had died (without paying it)? He said: Yes. He (the Holy Prophet) said: The debt of Allah deserves more that it should be paid."{Related by Muslim}. And Allah the Almighty knows best.

Is it permissible for the woman who is observing Iddah after her husband`s death to sit with her daughter`s suitor, although their marriage contract hasn`t been concluded yet?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
A suitor who hasn`t concluded the marriage contract isn`t a Mahram*, so he must be treated as such. And Allah The Almighty Knows Best.
* The period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man.
* In Islam, a mahram is a member of one's family with whom marriage would be considered haram, concealment purdah, or concealment of the body with hijab, is not obligatory; and with whom, if he is an adult male, she may be escorted during a journey, although an escort may not be obligatory.

What is usually said upon the slaughtering of the Aqeeqah (the sheep slaughtered on the seventh day from the child`s birth)?

It is desirable to say: “Bismillah Alrahman Alraheem, was`salatu Wa s`salamu Ala Sa`idenah Mohammad, O Allah, this Aqeeqah is from You and to You on behalf of …..”

Is it permissible to swear by (Allah ”The Living”)?

Yes, it is permissible because “ The Living “ is one of Allah`s Attributes.

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