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Resolutions of Iftaa' Board

Resolution No.(16): “Inheriting on Basis of Wala (Allegiance) and Manumission“

Date Added : 02-11-2015

Resolution No.(16) by the Board of Iftaa`, Research and Islamic Studies:
“Inheriting on Basis of Wala (Allegiance) and Manumission“
Date: 29/1/1411 AH, 20/8/1990 AD

 

We have received the following question: 
Mr. (Q) died this year in Makkah. His father Mr. (P) was a manumitted slave of Mr. (Y). Mr. (P) who had an heir (D) died without leaving him any estate. What is the ruling of Sharia on (D), does he remain manumitted like his father, or does he become free by the manumission of his father?
Mr. (Q) has died leaving a wife, a bequest, a debt, movable and immovable property in banks and companies...etc. His sole heir was his wife since he had no paternal relatives. Are the heirs of Mr. (Y) eligible to receive any share from the estate of Mr. (P) If yes, then to whom. The question that arises here is: who inherits Mr. (Q), and how should his estate be distributed after his debts are settled and his bequest is executed in charitable causes?
Answer: All success is due to Allah.
In this case, Mr. (Y) isn`t entitled to receive anything from the estate of Mr. (P). However, Mr. (Q`s) wife`s share is a quarter, and the rest of the estate is given to the public treasury because Mr. (P`s) mother is originally a free woman. This is based on what was stated in the books of jurisprudence: {Moghni Al-Mohtajj} and {Ash-sharh Al-Kabeer}; in volume (7), (P243) , in addition to another page of the latter book (247), that reads as follow: “One whom any of his free parents was originally free isn`t bound to pledge allegiance to anyone“. 
According to the articles of the Jordanian Law in force: “Mr. (Q`s) wife shall receive a quarter of his estate according to Islamic Sharia, and she shall also take the rest of his estate because she is his sole heir. This is stipulated in article (181) of the Jordanian Civil Status Law, which states that the rest of the estate shall be received by one of the spouses in case one of them died while having no paternal relatives.“ And Allah Knows Best.

 

Chairman of the Iftaa` Board, Chief Justice, Mohammad Mohailaan
The Grand Mufti of Jordan, Izz Ad-Deen At-Tamimi
Dr. Yaseen Dradkeh
Dr. Ahmad Hilayel
Dr. Ibrahim Zaid Al-Khaylani

 

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Summarized Fatawaa

What is the amount of Zakah (obligatory charity) due on articles of merchandise?

The amount of Zakah due on articles of merchandise is (2.5%) of each article`s value after a whole lunar year had lapsed.

Is it permissible to give my zakat to my grandson who is studying at university, while I am living abroad and my money is in my home country? Also, is it permissible to assign my father the responsibility of distributing the zakat to the people in my home country?

 

It is permissible to give zakat to a son whom his father is supporting if he is an adult and in good health, because his father is not obligated to support him, making him one of the poor among the Muslims. However, the student who may receive zakat is one who is diligent in seeking beneficial knowledge for the Muslims and is religious. Zakat should be paid in the country where the money is located, and appointing your father to distribute the zakat in the country where the money is is the correct approach. And Allah Knows Best.

When is Istikharah (guidance prayer) Du`a offered, before Tasleem (saying asalamu alikum warahmatu allah wa barakatuh to end the prayer), or after it?

It is offered after Tasleem.

I underwent a procedure for a molar pregnancy (hydatidiform mole), and after that, the bleeding continued for more than two months, during which I did not pray. Do I need to make up the missed prayers?

If you have previously experienced postpartum bleeding, the duration of the current bleeding is treated the same as your previous postpartum period. Any bleeding that exceeds this duration must be considered irregular bleeding (istihada), and you must make up the missed prayers. If this is the first time, then any bleeding beyond sixty days is considered irregular bleeding. You must perform ghusl, pray, and make up the prayers for the days beyond the sixty-day limit. And Allah Knows Best.

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