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   

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Summarized Fatawaa

Is it valid to have Suhoor before sleeping, even if it is before midnight?

Suhoor refers to the pre-dawn meal eaten after midnight to help a Muslim endure fasting. The closer it is to Fajr, the better.
The Prophet ﷺ said: "My Ummah will remain upon goodness as long as they hasten to break the fast and delay Suhoor." [Narrated by Ahmad]
This is because delaying Suhoor makes it more effective in providing strength for worship. However, if there is a risk of Fajr entering while eating, one should refrain from Suhoor out of caution. 
The Prophet ﷺ said: "Leave what makes you doubt for what does not make you doubt." [Narrated by Al-Tirmidhi]

What is the ruling on selling sacrificial animals (udhiyah) described with specific attributes and authorizing an agent to slaughter them?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Selling sacrificial animals (udhiyah) that are described with specific attributes is permissible. This falls under the category of a salam sale (forward sale) if conducted using the terminology of salam, and under the category of a regular sale if not using the terminology of salam.
 
As for authorizing the seller to slaughter the sacrificial animal, the basic principle is that it is permissible, because the agent (wakil) stands in the place of the principal (muwakkil) in achieving his objective. This is a contract that the principal (the buyer) is entitled to perform himself, so authorizing another (the seller) to do so on his behalf is valid.
 
However, it is a condition for authorization to slaughter that the intention (niyyah) is present either at the time of slaughter or at the time of handing over the sacrificial animal to the agent. The basic principle is that the sacrificial animal must be specifically designated, as it is an act of worship. It is not required to designate it at the time of slaughter; rather, it is valid to do so before that.
 
It is permissible for the principal either to delegate the intention to the agent or to formulate it himself when authorizing the agent to slaughter. However, the sacrificial animal must be designated, even if at the time of slaughter, by the agent.
 
It is obligatory to designate the sacrificial animals so that each person offering a sacrifice receives his own specific animal. Therefore, charitable organizations and companies must take this into consideration and establish a specific mechanism that ensures no mixing of sacrificial animals occurs, so that each person offering a sacrifice receives his own designated animal. And Allah Almighty knows best.

What is the ruling on someone who dies while having missed fasts?

● If a person dies before having the opportunity to make up the missed fasts—such as someone whose excuse (e.g., illness) persisted until their death—then no makeup fast (qada), fidyah, or sin applies to them.
● However, if they had the ability to make up the fasts but did not do so before passing away, the missed fasts must be compensated by giving a mudd of food for each missed day from their estate.
The Prophet ﷺ said: "Whoever dies while having a month’s fast due, one needy person should be fed per day on their behalf." [Narrated by At-Tirmidhi]
Additionally, a guardian (wali) may fast on their behalf, as the Prophet ﷺ said: "Whoever dies while having missed fasts, their guardian should fast on their behalf." [Narrated by Al-Bukhari and Muslim]
In another narration: "If they wish." This indicates that both feeding the needy and fasting on behalf of the deceased are permissible options.

Is it permissible for a young man and a young woman to enter into a covenant as a married couple without having a true seclusion (Khalwah) until their marriage contract is officially concluded?

The relation which isn`t based on a marriage contract is forbidden, and entering into a covenant as a married couple is unaccounted for and is from the evil suggestions of the devil.