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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 performing dry ablution (tayammum) on a wall or stone?

One of the conditions for tayammum is that it be with pure, clean dust (soil). It is not valid to perform tayammum by striking stones, a wall, sand that has no dust (i.e., that does not produce dust), pebbles alone, or clay, as these are not from the earth or its same category. And Allah the Almighty knows best.

Is Zakat al-Fitr obligatory for an unborn child (fetus)?

Zakat al-Fitr is not obligatory for a fetus. However, if the child is born before sunset on the last day of Ramadan, then Zakat al-Fitr must be given on their behalf.

If a person enters a mosque and finds the congregation in the final tashahhud, which is more virtuous — joining them or waiting for a second congregation to catch the opening takbīr (takbīrat al-iḥrām)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a worshipper finds a congregation that is about to finish its prayer, and he hopes to catch the entire prayer from the beginning with another congregation, it is more virtuous for him to pray with this first congregation and then repeat the prayer with the second one — provided he does not intend to confine himself to a single prayer. If, however, he intends to perform only one prayer, then it is more virtuous for him to wait for the second congregation rather than joining the first, so that he may attain the reward of congregational prayer for every single rakʿah.
Al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "If members of a congregation enter the mosque while the imam is in the final tashahhud, al-Qāḍī Ḥusayn held that it is recommended for them to join him in prayer, and that they should not delay in order to form a second congregation. Al-Mutawallī, however, affirmed the opposite view, and al-Qāḍī's own statement elsewhere supports this latter position, which is the relied-upon view. In fact, it is more virtuous for a person who has missed part of the prayer with one congregation, and who hopes to catch another congregation with whom he can attain the entire prayer within its proper time, to delay so that he may catch it in full with them. This applies when he intends to confine himself to a single prayer; otherwise, it is more virtuous for him to pray with the first group and then repeat the prayer with the others." [Mughnī al-Muḥtāj,Vol. 3/P.186] And Allah the Almighty knows best.

What is the ruling on using the *subḥah* (prayer beads) to count during *tasbīḥ* and *dhikr*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is recommended to use the ordinary or electronic subḥah (prayer beads or counter) to count tasbīḥ, dhikr, and istighfār, because it helps one to remember Allah. Many reports have been transmitted from the Companions and the Followers (tābiʿūn) showing that they continued to use strings of date pits as an aid to dhikr and tasbīḥ.
It is one of the lawful means of worship. Indeed, what is established from the Prophet (peace and blessings be upon him), namely that he counted tasbīḥ on his right hand, shows that it is permissible to count tasbīḥ with whatever helps a Muslim keep track of the number. There is therefore no basis for calling it an innovation (bidʿah), and we know of no jurist who said so.
Al-Ḥāfiẓ al-Suyūṭī (may Allah have mercy on him) wrote a dedicated treatise on the subject titled al-Minḥah fī al-Subḥah, printed within al-Ḥāwī li’l-Fatāwī (vol. 4–6).
Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī (may Allah have mercy on him) was asked: Does the subḥah have a basis in the Sunnah? He replied: “Yes, and al-Ḥāfiẓ al-Suyūṭī wrote on this. Among the evidence is what is authentically reported from Ibn ʿUmar (may Allah be pleased with them both): ‘I saw the Prophet (peace and blessings be upon him) counting tasbīḥ on his hand.’ Ibn Abī Shaybah, Abū Dāwūd, and al-Tirmidhī also narrated: ‘Hold fast to tasbīḥ, tahlīl, and taqdīs, and do not be heedless, lest you forget the affirmation of Allah’s oneness (tawḥīd). Count them on the fingertips, for they will be questioned and made to speak.’ Counting tasbīḥ with pebbles, date pits, and a knotted string has also been reported from a group of the Companions and those after them. Some scholars held that counting on the fingertips is better than the subḥah, based on the ḥadīth of Ibn ʿUmar. Others distinguished, saying: if the one reciting is safe from miscounting, counting on the fingertips is better; otherwise the subḥah is better.” [al-Fatāwā al-Fiqhiyyah al-Kubrā, Vol.1/p.152]. And Allah Almighty knows best.

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