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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   

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Summarized Fatawaa

What should the man, whose wife wasn`t on good terms with his mother, do?

Both the mother and the wife have rights on the man in question; therefore, each should be given her rights justly, and he should resort to wisdom to please both of them and make reconciliation. And Allah Knows Best.

Is it permissible for the man to go out wearing shorts?

All Perfect Praise is due to Allah, The Lord of The Worlds

It is permissible as long as his Awrah(private part), which is between his navel and knee, is covered. However, the regular wear traditions and modesty are to be observed. And Allah Knows Best

Is it true that if a ritually impure, or a menstruating woman visits one who is in confinement, harm will be inflicted on the latter, or her baby?

This is completely wrong and unfounded piece of information.

I`m married to an American citizen who used to be married to a man in Mexico and filed for divorce there. It is worth pointing that in America she isn`t registered as married. When she arrived in Jordan, her lawyer called and told her that she got the divorce, and based on this we got married in Jordan. What is the ruling of Sharia on this?

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.
 
You haven`t mentioned whether this woman has converted to Islam or not. If she had embraced Islam and three menstrual cycles passed, but her first husband hasn`t converted to Islam, then her relationship with him is over. If you married her after this (Passing of three menstrual cycles and first husband not having embraced Islam) then your marriage is valid. However, if she didn`t convert to Islam then your marriage contract with her is invalid and you have to wait until she gets divorced by her first husband and observes Iddah, which is three menstrual cycles. Afterwards, you can conclude the marriage contract. We pray that Allah doesn`t hold you to account for what you have done because you thought she was divorced. We recommend that you seek Allah`s forgiveness as much as you can and do righteous deeds. We also advise you to marry a Muslim woman to preserve your and your children`s religion since Almighty Allah Says (What means): "Wed not idolatresses till they believe…" [Al-Baqarah/ 221]. It is true that marrying a Kitabi (One who believes in a book of sacred scriptures and with whom a Muslim may marry in what is deemed a lawful marriage) is permissible, it involves great risks, as stated in the aforementioned verse. And Allah The Almighty Knows Best.
 

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