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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

Does nosebleed during the day in Ramadan affect the validity of fasting?

A nosebleed does not affect the validity of fasting unless some of the blood reaches the body cavity or the person intentionally swallows it. In such a case, their fast is invalid, and they must refrain from eating and drinking for the rest of the day and make up for that day later.

What is the ruling on wiping the front of the head beneath the ḥijāb, and is it permissible to wipe over the ḥijāb if it was put on while in a state of purification (wudu`)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is permissible to wipe the front portion of the head (nāṣiyah) with the fingertips. It is likewise sufficient to place a wet hand over a head covering (ḥijāb), provided the moisture actually reaches the hair beneath it — if it does not, it does not suffice. A head covering is not treated in the same manner as leather socks (khuff) and may not be wiped over in lieu of the head itself.
Imām al-Nawawī, may Allah have mercy upon him, states in al-Majmūʿ (Vol.1/P.407): "If a person is wearing a turban and does not wish to remove it — whether for a valid reason or otherwise — he should wipe the entire front portion of the head... The same ruling applies to whatever a woman wears on her head. If, however, he confines himself to wiping over the turban without wiping any part of the head itself, this does not suffice — and there is no disagreement among us on this point." He further states: "A woman is like a man in the manner of wiping the head... She should insert her hand beneath her head covering so that the wiping falls upon the hair itself. If she places her wet hand over her head covering, our scholars stated: if the moisture does not reach the hair, it does not suffice her." And Allah the Almighty knows best.

What is the ruling on praying alone (munfaridan) in a row, and what should I do if I enter the mosque together with another person, and there is only a single gap in the first row with no second row present — should I fill that gap in the first row, or should I stand together with him in a new second row?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If a person enters [the congregation] and finds no space available in the row, it is recommended for him — after making his opening takbīr for the prayer — to gently pull someone from the row in front of him to pray alongside him, provided he senses that this person would be agreeable to it. If that person does not agree, then he prays alone, and there is no dislike attached to his doing so in that case.
If he ends up praying alone [behind the row], it is sunnah for him to stand directly behind the imam. Then, if someone else arrives, that person stands to his right; and whoever comes after them stands to his left — and so on — such that the imam remains centered in the middle of the row. This is done so that everyone attains the reward of congregational prayer.
As for the case where two people enter the prayer together, and there is a gap in the row wide enough for only one person, then the two of them should pray together in a new row [of their own], and whoever arrives after them should fill that original gap. This is because if only one of the two fills the gap, the other would end up praying alone [which is to be avoided when it can easily be prevented].
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said in Mughnī al-Muḥtāj (Vol.1/P.494): "If he does not find space, then it is recommended for him, while still standing, to gently pull a single person from the row toward himself after making his opening takbīr — out of caution, so as to avoid the position held by some scholars that a person's prayer standing alone behind the row is not valid.
Az-Zarkashī and others said: this should only be done if it seems he would agree to it; otherwise, he should not pull anyone — indeed, doing so becomes impermissible, out of fear of causing discord (fitnah). It is recommended for the person being pulled to cooperate and agree, so that he may attain the reward of assisting in righteousness and piety (al-birr wat-taqwā). However, he should not pull one of two people [praying together] from the row, since this would cause one of them to end up praying alone. This is why the 'pulling' described here takes place only after the opening takbīr [i.e., once the person doing the pulling has already validly begun his own prayer]."
Accordingly: it is sunnah for you to pray alongside the person praying alone, and then, if someone else arrives afterward, you may go and fill the gap in the original row. And Allah, the Exalted, knows best.

Is there a solution to put an end to thinking of worries during prayer?

Firstly, make ablution after the time for prayer begins and busy yourself with remembering Allah, The Exalted, before the iqaamah (start of prayer).In order to become humbly submissive during prayer, you must perform prayer in congregation. After the prayer ends, stay in your place and read the post-prayer remembrances (Adhkaar) and make supplication to Allah, The Exalted.

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