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

How many rak‘ahs are there in Tarawih prayer?

The most complete form of Tarawih prayer consists of twenty rak‘ahs, excluding Shaf‘ and Witr. This is the opinion of the majority of scholars, both past and present, and it is the practiced tradition in the two Holy Mosques.
However, Tarawih is valid with any even number of rak‘ahs, even two rak‘ahs, as long as it is performed with the intention of Qiyam al-Ramadan.

What is the ruling on fasting the six days of Shawwal?

Fasting the six days of Shawwal is Sunnah. The Prophet ﷺ said: "Whoever fasts Ramadan and then follows it with six days of Shawwal, it is as if they have fasted for a lifetime." [Narrated by Muslim]
This is because fasting one month of Ramadan is rewarded as fasting for ten months, and the six days are equivalent to sixty days, completing a full year of fasting.

Is it permissible to eat from an Udhiyah slaughtered on behalf of a deceased person?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to eat from the sacrifice (uḍḥiyyah) that is offered on behalf of a deceased person. This is the madhhab (school of thought) of the Hanbalis. In this case, the heirs take the place of the deceased as if he were alive, with the same rights to eat from it, give it in charity, and offer it as a gift.
 
It is stated in Maṭālib Uli al-Nuhā (Vol.2/P.472): "Offering a sacrifice on behalf of a deceased person is better than offering one on behalf of a living person, because the deceased is unable (to perform deeds) and is in need of reward. It is to be treated like a sacrifice on behalf of a living person in terms of eating, giving charity, and giving gifts." And Allah Almighty knows best.

Is it permissible for a woman to offer the obligatory prayer after Adhaan (call for prayer), and before Iqamah (The announcement that the prayer is about to begin) in the mosque?
 

Yes, it is permissible for a woman to offer the obligatory prayer immediately after the Adhan and before the Iqamah in the mosque. And Allah Knows Best.