عربي
Home


Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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

It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (Sura,2/verse,228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers

What is the ruling of Sharia on using IUD (Intrauterine device) temporarily and by mutual agreement of husband and wife?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
There is nothing wrong with this if this device is used on temporary basis and by mutual agreement of husband and wife since this issue falls into family planning, which is allowed by Sharia. However, this is provided that the device is inserted by a female doctor and that it doesn`t cause harm to the woman. And Allah The Almighty Knows Best.

I married a man and had two children; however, we got separated four years ago. In addition, my husband`s brother, paternal uncle of my children, has been providing for them ever since. In fact, he is an honest, well-behaved man. Is it permissible that we get married although his brother (My ex-husband) is still alive?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
It is temporarily prohibited for a woman to marry her stepbrother. Therefore, once she receives Talaq Ba`in (Irrevocable divorce), she is allowed to marry her stepbrother, even if his brother (First husband) is still alive. And Allah The Almighty Knows Best.

Is it permissible to give the expiation due on the vow of anger to one person?

The expiation for the vow of anger-and that of the oath-is to be given to (10) needy persons, or a needy family of ten individuals, but giving it to one person is impermissible.

See More