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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 of Islamic Law on making up missed voluntary prayers?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended for a Muslim to make up any missed voluntary prayers — whether the regular Sunnah prayers (rawātib), the witr prayer, or his personal devotional routine (wird). As for voluntary prayers that are tied to a specific cause or occasion — such as the eclipse prayers (kusūf and khusūf) — these are not made up once their time has passed.
Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, stated: "The correct view in our school is that making up the regular voluntary prayers is recommended." [Al-Majmūʿ, Vol. 4/P.43] And Allah the Almighty knows best.

What is the ruling of Islamic Law on sitting between the two prostrations, and what is the ruling on the dhikr recited during it?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
Sitting between the two prostrations (al-jalsah bayna al-sajdatayn) is one of the pillars (arkān) of the prayer, while the dhikr recited during it is Sunnah according to the Shāfi'ī scholars. It is recommended (mustahabb) to say what was narrated from Ibn 'Abbās (may Allah be pleased with him), who said: "The Messenger of Allah (peace and blessings be upon him) used to say between the two prostrations in the night prayer: 'Rabbi ighfir lī, warhamnī, wajburnī, warzuqnī, warfa'nī' (My Lord, forgive me, have mercy on me, make good my deficiencies, provide for me, and raise me)." If one were to say a different supplication instead, such as "Rabbi ighfir lī" (My Lord, forgive me), the prayer would still be valid.
If the worshipper omits this dhikr between the two prostrations, whether intentionally or out of forgetfulness, their prayer remains valid and nothing is required of them, though they miss the reward of following the Sunnah. Leaving it out does not necessitate the prostration of forgetfulness (sujūd al-sahw).
It is stated in Hāshiyat al-Bājūrī 'alā Sharḥ Ibn Qāsim 'alā Matn Abī Shujā' (Vol.1/P.298): "The eleventh — i.e., of the eighteen pillars — his statement: 'sitting between the two prostrations,' meaning even in a supererogatory (nafl) prayer... his statement: 'with the supplication that has been narrated concerning it,' meaning: 'Rabbi ighfir lī, warhamnī, wajburnī, warfa'nī, warzuqnī, wahdinī, wa 'āfinī' (My Lord, forgive me, have mercy on me, make good my deficiencies, raise me, provide for me, guide me, and grant me well-being). Al-Ghazālī added: 'wa'fu 'annī' (and pardon me). Al-Mutawallī also added: 'Rabbi hab lī qalban taqiyyan, naqiyyan min al-shirk, bariyyan lā kāfiran wa lā shaqiyyan' (My Lord, grant me a heart that is God-fearing, pure from associating partners with You, innocent, neither disbelieving nor wretched)."And Allah, the Most High, knows best.

How do I deal with whispers (waswasa) in ablution and purification?

Whispers in ablution are from Satan, and the Muslim should not pay attention to them. He is not required to re-perform ablution or repeat washing a limb because of waswasa. He should always base his purification on its being valid. It is recommended for him to frequently say "La ilaha illa Allah" (There is no god but Allah), because Satan recoils when Allah is mentioned. And Allah the Almighty knows best.

How should a person who is afflicted with continued major ritual impurity (incontinence of urine, bleeding outside the monthly period) perform ablution?

Such a person should make ablution for every prayer after its due time and after removing impurities from their body and outfit, and should place a fresh diaper whenever needed so as for the impurity not to spread out. They should also perform prayer immediately even if incontinence of urine continued, and should repeat the aforementioned for every obligatory prayer, then perform optional prayer as much as they want.

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