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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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

A sixteen-year-old young woman suffers from Alopecia, and lost her hair and eyebrows as a result. Is it allowed to draw her eyebrows using henna and an eyeliner? 

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
It is permissible for women to use henna and what the asker has mentioned isn`t considered hair extension. However, if this young woman is proposed to, she must disclose this matter to the person proposing to her to avoid deception. And Allah The Almighty Knows Best. 

A person bought a device through a usurious bank, and receives income from it every month after paying the bank for the price. Now the person regrets it, what should he do now?

This person has fallen into what is forbidden due to dealing with usury. He must repent sincerely, and whoever repents, Allah Will Accept their repentance. As for the device, there is no need to sell it. And Allah Knows Best

Is the `Iddah (waiting period) of the divorced effective from the time the divorce took place, or from the time of registering it at the court?

It is considered effective from the very moment her divorce took place, but not from the time of registering it at the court. And Allah Knows Best.

An Arab young man had an illegitimate sexual relationship with a Christian American while she was staying in one of the Arab countries. After she returned to America, she told him that she had doubts that she was impregnated by him. It is worth pointing that it is hard for him to get a visa to the USA. What is the ruling of Sharia on this?

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.
Zina (Adultery and extramarital relations) is one of the grave sins that incur the wrath of Allah if the adulterer didn`t make immediate repentance. However, the child isn`t attributed to the adulterer. Rather, he/she is attributed to the woman who got pregnant by him and, according to Sharia, it isn`t considered a legitimate child of the adulterer. And Allah The Almighty Knows Best.

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