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Resolutions of Iftaa' Board


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 on sacrificing a hornless sheep?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is valid to sacrifice a hornless sheep (al-Jamma’ or al-Jalha’). Similarly, a sheep with a broken horn is also acceptable; it does not affect the validity of the sacrifice even if the break causes bleeding, unless the injury is so severe that it leads to the spoilage of the meat. And Allah the Almighty knows best.

What is the ruling on one who sees moisture on his clothes and doubts whether it is semen or pre-seminal fluid (madhy)?

Whoever finds moisture upon waking from sleep and doubts whether it is semen or madhy, and cannot distinguish between them, he may choose between them and act according to his choice. If he wishes, he can consider it semen and perform the ritual bath, or consider it madhy, perform ablution, and wash what it has soiled. This is because if he fulfills the requirement of one of them, he is definitively free from it, and the default is his innocence from the other. And Allah the Almighty knows best.

What is the age of the Aqiqa or the Udhiyah?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The minimum age for a sacrificial animal (Udhiyah) and the birth sacrifice (Aqiqa) is as follows:
 
Camels: Five years old, entering their sixth year.
 
Cattle and Goats: Two years old, entering their third year.
 
Sheep: One year old, entering their second year; however, it is permissible for a sheep to be six months old provided it is large in size and plump.
 
And Allah the Exalted knows best.

The imam recited a verse containing a prostration of recitation (*sajdat al-tilāwah*) but did not prostrate. After the imam's *salām*, a follower (*maʾmūm*) performed a prostration of forgetfulness (*sujūd al-sahw*) because the imam had not performed the prostration of recitation. Is it permissible to go against the imam in this way?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
There is no sin on the imam if he omits the prostration of recitation (sujūd al-tilāwah), even deliberately. The maʾmūm (the one following the imam) is obliged to follow the imam in the prayer, so if the imam does not perform the prostration of recitation, it is not permissible for the follower to prostrate, because the imam is appointed only to be followed.
If the follower introduces a prostration after the imam’s salām but before his own salām, in a case where there is no prostration of forgetfulness (sujūd al-sahw), his prayer is invalidated if he knew it to be prohibited. Otherwise, he is excused on account of his ignorance and his prayer is not invalidated.
It is stated in Ḥāshiyat al-Imām al-Jamal ʿalā Fatḥ al-Wahhāb: “His statement: ‘So the omission of the hayʾāt (the non-essential sunnahs of the prayer) is not compensated for by prostration; if one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to his ignorance.’”
Since this issue is one that is hidden from the laymen, as it is among the subtleties of knowledge, and the laymen are excused for ignorance of whatever is of such a nature, and their act of obedience is not invalidated because of it, it may be said that the prayer of one who has not acquired knowledge of this issue is not invalidated, with the necessity of learning the rulings remaining. As for after knowing it, the prayer is invalidated. And Allah Almighty knows best.

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