Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

y" Resolution No.(12): “Evaluating Diya in Jordanian Currency

Date Added : 02-11-2015

Resolution No.(12) by the Board of Iftaa`, Research and Islamic Studies:

“Evaluating Diya in Jordanian Currency“

Date: 9/11/1408 A.H, 23/6/1988 A.D.

The Board has received the following question:
What is the value of Diya in Jordanian currency?
Answer: All success is due to Allah.
The Jordanian Board of Iftaa` has discussed the issue of evaluating the Diya (blood money) in Jordanian currency, and after reviewing the opinions of Muslim scholars, the evidences that they have relied on, and the different conditions of the people, it found out the following:
1- 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. Evaluating the Diya in a form other than camels relied on the value of camels. This is based on the narration of Abu Dawood and An-Nassai who reported that the Prophet (PBUH) used to evaluate the Diya for the people of villages as four hundred dinars, or what equals that in silver based on the value of camels, which varied from time to time and market to market. At the time of the Prophet (PBUH), it ranged from four hundred dinars to eight hundred, or what equals that amount in silver: eight hundred dirhams. He (PBUH) added that those who possess cows should pay two hundred cows, and those who possess sheep should pay two thousand sheep. The Prophet (PBUH) said {what means}: “The Diya is to be paid by the Aqila (relatives of the killer from his father`s side) of the killer; each according to his degree of kinship.“ {Abu Dawood&An-Nassai}.
2- Due to the fact that camels aren`t the circulated property in the majority of the Islamic countries, the Board deems that their prices should be evaluated in the currency of these countries to follow the Sunnah of the Prophet(PBUH) who evaluated them in gold and silver (currency circulated at that time) to villagers because they possessed a few camels as mentioned in the above Hadith. Also, evaluating the price of camels in the circulated currency facilitates the payment of the Diya.
3- After consulting the people of experience as regards the value of a hundred camels in the neighboring Islamic countries, it was found out that it equals ten thousand Jordanian dinars, and the Board has approved this evaluation because it agrees with that paid as Diya in the neighboring Islamic countries. Consequently, the Board has decided that the Diya of one person killed accidentally is ten thousand Jordanian dinars.
4- The Board confirms that the Diya in accidental and quasi-intentional killing is due on the Aqila of the killer; whereas, in premeditated murder, it is due on the killer himself.
5- The Diya in premeditated and quasi-intentional killing is denser because the Prophet (PBUH) added an extra third on its original amount.
6- If the family of the killed demands Qisas (retribution) from the killer, then no Diya is due to them since Islamic Law stipulates that they demand either Diya or Qisas.
7- If a group of people collaborated in the act of killing which led to the death of someone, then each of them pays a percentage of the Diya in accordance with the degree of their liability if that was exactly determined. However, if that wasn`t possible, then all of them should pay equal amounts, whether it was premeditated murder, quasi-intentional, or accidental killing.
8- If the killed had made a mistake, or committed an act of negligence that played a role in his death, then a percentage from his Diya is reduced accordingly.
9- Recipients of the Diya may waive their share since Almighty Allah Has Urged Muslims to be forgiving. 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 effective.

10- The Diya becomes part of the killed person`s estate and is subject to the rulings of Sharia on inheritance.
11- If a pregnant woman was attacked and that attack led to the abortion of her fetus who came out dead, his Diyah is Ghorah {star or white mark on face of a horse} which equals half-tenth of a man`s Diyah (five hundred dinars). However, if her fetus came out alive, then died later on as a result of that offence, then his Diya is similar to a free man`s. And all success is due to Allah alone, and may His Blessings and Peace be upon our Prophet Mohammad and all his family and companions. And Allah Knows Best.

The Board of Iftaa`
Chairman of the Board, Chief Justice, Mohammad Mohailan
The Grand Mufti of Jordan, Vice Chairman of the Iftaa` Board, Izz alDeen Attamimi
        Dr. Nooh al-Qodat, Mufti of Jordanian Armed Forces 
    Dr. Ibrahim al-Keelani         Dr. Abdulsalam Abbadi
         Dr. Abdulfatah Amr              Dr. Abdulhalim Ar-Ramahi
        Mostafa Az-Zarqa                 Dr. Mahmood al-Sartawi
        Dr. Abdulssalam Al-Abbadi Dr. Mahmood Al-Awattli

This resolution was modified, Kindly refer to RES No.(26) issued on 19/12/1992AD   

Decision Number [ Previous | Next ]


Summarized Fatawaa

A man wishes to offer more than one uḍḥiyah (sacrificial offering), and intends by these sacrifices "on behalf of everyone whom Allah and His Messenger love." Is this intention valid?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The uḍḥiyah (sacrificial offering) is not valid with this intention, because if the sacrificial animal is from sheep or goats, it suffices for one person only; and if it is from cattle or camels, it suffices for seven persons.
However, one may sacrifice it on his own behalf, and then gift the equivalent of its reward to whomever he wishes.
Imam ar-Ramlī (raḥimahullāh) says: "Ash-Shāfi‘ī (raḍiyallāhu ‘anh) said: It is within the vastness of Allah's bounty, the Exalted, that He rewards the one giving charity as well. From this, the scholars of the madhhab said: it is recommended for a person to intend the charity on behalf of his parents, for example — for Allah, the Exalted, will reward them, without this diminishing his own reward in any way." He then relates, as the relied-upon position, the permissibility of saying: "O Allah, convey the reward of what I have recited specifically to so-and-so, and to the Muslims generally." Az-Zarkashī said: "For reward varies in degree — its highest form is what one designates specifically, and its lowest form is what one dedicates generally [alongside others]." [End of quote from Nihāyat al-Muḥtāj]. And Allah, the Exalted, knows best.

If a woman becomes pure from menstruation shortly after Fajr in Ramadan, what is required of her?

If a woman becomes pure (from menstrual period) after Fajr, even shortly after, it is recommended (but not obligatory) for her to refrain from eating and drinking for the rest of the day. However, she must make up for that day after Ramadan.
She will be rewarded for both refraining from eating (imsak) and making up the fast (qada) since she was menstruating for part of the day.

Which holds greater virtue: The Udhiyah (Sacrificial Offering) or giving its value in Charity (Sadaqah)?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial offering) holds greater virtue than donating its monetary value to the poor and needy. This is because the sacrifice is a prominent, manifest ritual among the sacred symbols of Islam. Allah Almighty says: "That [is so]. And whoever honors the symbols of Allah - indeed, it is from the piety of hearts." (Al-Hajj: 32)
 
Furthermore, there are numerous authentic and explicit Hadiths highlighting its immense reward. The Prophet (peace and blessings be upon him) consistently offered this sacrifice, as did the Righteous Caliphs after him. And Allah the Almighty Knows Best.
 

What is the ruling on the cessation of blood after (40) days from delivery, but later continued sporadically during two days of Ramadan?

Once postpartum bleeding (Nifas) ceases, and the woman is certain that it won`t reoccur, then she becomes ritually pure and so she is free to make Ghusl (purificatory bath), pray, and fast. If the bleeding reoccurs before fifteen days from its cessation, and before the end of (60) days after delivery, then the ruling on postpartum bleeding is effective, and her fasting and prayer are null and void, thus she must make up the fasting that she missed and not the prayer during those particular days.