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Resolutions of Iftaa' Board

Resolution No.(129): “Re-evaluation of the Amount of Diyah”

Date Added : 27-10-2015

 

Resolution No.(129),(7/2009): “Re-evaluation of the Amount of Diya”

Date: 1/8/1430 AH, corresponding to 23/7/2009 AD.

 

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.

During its third session held on the above date, the Board of Iftaa reviewed the amount of Diya in light of the change in the value of camels in Jordanian currency, because twenty-one years passed over the last evaluation, which took place on 9/11/1408 AH, corresponding to 23/6/1988 AD.

 

After thorough studying and deliberating, the Board decided what follows:

 

First: In principle, the Diya is a hundred camels whose ages vary in accordance with the type of killing: premeditated murder, quasi-intentional murder, or accidental killing. In accidental killing, the Diya is a hundred camels: Thirty Bint Makkah, thirty Bint Labun, thirty Hiqqah and ten Bin Labun. This Diya is softened from three aspects: it is due on the killer`s Aqila (Male relatives of the killer from his father`s side), it is divided over three years, and the ages of the camels. In premeditated murder and quasi-intentional murder, the amount of the Diya is a hundred camels: thirty Hiqqah, thirty Bint Labun, and Khilfah. On the other hand, the Diya in quasi-intentional murder is softened from two aspects: it is due on the killer`s Aqila and divided over three years; whereas, it is more dense from one aspect, and that is the ages of the camels.

The Diya in premeditated murder is more dense from three aspects: due immediately, due from the killer`s wealth, and the ages of the camels.

The evaluation of Diya in a form other than camels relied on the value of camels. It was narrated from 'Amr bin Shu'aib, from his father, from his grandfather, that the Messenger of Allah said: "Whoever is killed by mistake, his ransom is one hundred camels: Thirty Bint Makkah, thirty Bint Labun, thirty Hiqqah and ten Bin Labun. "[1] The Messenger of Allah used to fix the value (of the Diya for accidental killing) among town-dwellers at four hundred Dinars or the equivalent value in silver. When he calculated the price in terms of people with camels (for Bedouin), it would vary from one time to another. When prices rose, the value in Dinars would rise, and when prices fell the value in Dinars would fall. At the time of the Messenger of Allah, the value was between four hundred and eight hundred Dinars, or the equivalent value in silver, eight thousand Dirhams. And the Messenger of Allah ruled that if a person's blood money was paid in cattle, among those who kept cattle, the amount was two hundred cows; and if a person's blood money was paid in sheep, among this who kept sheep, the value was two thousand sheep. The Messenger of Allah ruled that the blood money is part of the estate, to be divided among the heirs of the victim according to their allotted shares, and whatever is left over is for the 'Asabah. And the Messenger of Allah ruled that if a woman commits murder then he 'Asahah, whoever they may be, must pay the blood money, but they do not inherit anything except that which is left over from her heirs; if a woman is killed then her blood money is to be shared among her heirs, and they may kill her killer.” [Sunn Abu Dawood], [Sunn Al-Nisa'ee].

Second: As camels aren`t the common property of the people of Jordan, the Board believes that their prices should be estimated in Jordanian currency in order to facilitate for the people to pay the Diyah. The prices of camels can be obtained from the neighboring Islamic countries where camels are common.

Third: The Grand Mufti of Jordan has sent a message to the Chairman of the Islamic Fiqh Academy in Sudan inquiring about the prices of camels there. The latter has formed a committee to that end and informed the Grand Mufti about their prices. It was made clear to us that a hundred camels in addition to the transport fair equal twenty thousand Jordanian Dinars as regards the Diya in accidental killing, and twenty five thousand Jordanian Dinars for that in premeditated and Quasi-intentional killings. Therefore, the Board holds the view that the Diya of whoever is killed by mistake is twenty thousand Jordanian Dinars and twenty five thousand for whoever is killed intentionally or Quasi-intentionally.

Fourth: The Board stresses that the Diya in accidental and quasi-intentional killings is due on the killer`s Aqila; whereas, in premeditated murder it is due from the killer`s wealth.

Fifth: The Board stresses that it is impermissible for the family of the killed to demand both Qisas (Retaliation) and Diya. If Qisas was executed in case of premeditated murder, then no Diya is due on the killer.

Sixth: Recipients of the Diyah may waive their right to take it since Almighty Allah Has Urged Muslims to be forgiving. Whereas, He Says (What means): “And the remission (of the man’s half) is the nearest to righteousness.“ {Al-Baqara/237}. However, none may waive the right of minors in the Diya and such an act isn`t considered lawful.

Seventh: The Diya becomes part of the killed person`s estate and so it should be divided in accordance with the rulings of Sharia on inheritance. And Allah Knows Best.

 

The Grand Mufti of Jordan

                   Chairman of the Iftaa` Board,  Dr. Nooh al-Qhodat

                      Vice Chairman of the Iftaa` Board,Dr. Ahmad Hilayel

                                   Sheikh Abdulkareem al-Khasawneh/ Member

         Sheikh Sa`eid Hijjawi/ Member

                        Dr. Muhammad Khair Al-'Eisa/Member

Judge Sari Attia/Member

              Dr. Abdul-Rahman Ibdah/Member

                           Dr. Muhammad Aiqla Al-Ibrahim/Member

                     Dr. Abdul Naser Abu Al-Basal/Member

                                               Executive Secretary of the Iftaa' Board Dr. Muhammad Al-Khalyla 

 

 

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Summarized Fatawaa

What is the ruling on making up the regular pre-Dhuhr *sunnah* (*al-sunnah al-rātibah al-qabliyyah*) for one who missed it in the Dhuhr prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Every timed supererogatory prayer (nāfilah) is recommended (mandūb) to be made up if its time passes. As for a nāfilah that precedes the obligatory prayer, performing it before the farḍ is a matter of proper etiquette (adab); if it is prayed after the farḍ, it is still considered adāʾ (performed within its time). If the time of the farḍ has ended, it is recommended to make up (qaḍāʾ) the nāfilah for one who did not pray it.
Whoever misses the sunnah before Dhuhr, whether with an excuse or without one, it is recommended for him to pray it after the obligatory Dhuhr prayer, within the time of Dhuhr, even at its end, and it counts as adāʾ, not qaḍāʾ. It is also recommended for one who missed the pre-Dhuhr sunnah to pray it before the post-Dhuhr sunnah, in observance of the proper order. It is stated in ʿUmdat al-Sālik wa ʿUddat al-Nāsik (Vol.1/p.60): "What precedes the obligatory prayer has the same time as the obligatory prayer, and performing it before the farḍ is a matter of etiquette; after it, it is adāʾ. What follows the farḍ has its time begin with the performance of the farḍ and end with the end of its time."
If the time of Dhuhr has ended, it is recommended for him to pray both the pre- and post-Dhuhr sunnahs, and they count as qaḍāʾ for both. It is stated in ʿUmdat al-Sālik (1/61): "Every timed nafl, such as the ʿĪd prayer, Duha, Witr, and the regular rawātib of the obligatory prayers, if it is missed, it is recommended to make it up forever." And Allah Almighty knows best.

What is the waiting period ('Iddah) for a woman whose husband has passed away, and what is the ruling on her wearing gold?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The waiting period ('Iddah) for a woman whose husband has passed away is four months and ten days for one who is not pregnant. As for a pregnant woman, her waiting period lasts until she gives birth. It is obligatory for her to remain in the marital home, only leaving for a necessity. During this time, it is prohibited (Haram) to display any form of adornment on the body or clothing; this includes wearing kohl, gold, all types of perfume, and dyeing the hair. Likewise, it is prohibited to receive a direct marriage proposal or to marry during this period.
 
It was narrated by Umm 'Atiyyah that the Prophet ﷺ said: 'We were forbidden to mourn for a deceased person for more than three days, except for a husband, for whom the mourning period is four months and ten days. During this time, we were not to use kohl, nor wear perfume, nor wear dyed clothing except for garments made of 'Asb (coarsely dyed yarn). We were, however, granted a concession at the time of purification—when one of us bathed following her menses—to use a small amount of Kust (costus) or Azfar (fragrant substances). We were also forbidden from following funeral processions.' (Narrated by Al-Bukhari). And Allah the Exalted knows best."

What is the ruling of Islamic Law on continuity (muwalah) in the ritual bath?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Continuity (muwālāh) means washing each part of the body immediately after the previous one, without leaving a gap long enough for the first part to dry before the second is washed. According to the Shāfiʿī school, continuity is a recommended act (sunnah) in both the ritual bath (ghusl) and ablution (wuḍūʾ) — it is not obligatory.
It is stated in Nihāyat al-Muḥtāj ilā Sharḥ al-Minhāj: "Likewise, continuity in the ritual bath is recommended, just as it is in ablution."
Accordingly, continuity in the ritual bath is a sunnah. And Allah the Almighty knows best.

The Prophet ﷺ said: "There will emerge from my nation people who will drink the Qurʾān as they drink milk" — is this ḥadīth authentic, and what does it mean?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
ʿUqbah ibn ʿĀmir, may Allah be pleased with him, narrated that the Messenger of Allah ﷺ said: "There will emerge from my nation people who will drink the Qurʾān as they drink milk." (Reported by al-Ṭabarānī in al-Muʿjam al-Kabīr, and cited by al-Haythamī in Majmaʿ al-Zawāʾid, who stated: "Its narrators are trustworthy.")
The meaning of this ḥadīth is that there will emerge from this blessed nation people who recite the Holy Qurʾān without reflecting upon its meanings or pondering its rulings — the noble verses passing over their tongues just as milk passes over them when it is drunk, leaving no trace of thought, understanding, or contemplation behind. [See: al-Taysīr bi-Sharḥ al-Jāmiʿ al-Ṣaghīr,Vol.2/P.63] And Allah the Almighty knows best.

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