Resolutions of Iftaa' Board



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

When does the time for the 'aqīqah lapse and pass?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
If the guardian was financially capable (mūsir) during the majority of the postnatal period (nifās) — which is sixty days — then the obligation of the 'aqīqah remains upon him until the child reaches the age of maturity (bulūgh). Once the child reaches maturity, the demand falls away from the father and those like him. At that point, it becomes Sunnah for the child himself to perform the 'aqīqah on his own behalf.
However, if the guardian was financially incapable (mu'sir) during the postnatal period, and then became financially capable after its expiry — that is, after sixty days — the 'aqīqah is no longer required of him. And Allah Almighty knows best.

If a person enters a mosque and finds the congregation in the final tashahhud, which is more virtuous — joining them or waiting for a second congregation to catch the opening takbīr (takbīrat al-iḥrām)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a worshipper finds a congregation that is about to finish its prayer, and he hopes to catch the entire prayer from the beginning with another congregation, it is more virtuous for him to pray with this first congregation and then repeat the prayer with the second one — provided he does not intend to confine himself to a single prayer. If, however, he intends to perform only one prayer, then it is more virtuous for him to wait for the second congregation rather than joining the first, so that he may attain the reward of congregational prayer for every single rakʿah.
Al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "If members of a congregation enter the mosque while the imam is in the final tashahhud, al-Qāḍī Ḥusayn held that it is recommended for them to join him in prayer, and that they should not delay in order to form a second congregation. Al-Mutawallī, however, affirmed the opposite view, and al-Qāḍī's own statement elsewhere supports this latter position, which is the relied-upon view. In fact, it is more virtuous for a person who has missed part of the prayer with one congregation, and who hopes to catch another congregation with whom he can attain the entire prayer within its proper time, to delay so that he may catch it in full with them. This applies when he intends to confine himself to a single prayer; otherwise, it is more virtuous for him to pray with the first group and then repeat the prayer with the others." [Mughnī al-Muḥtāj,Vol. 3/P.186] And Allah the Almighty knows best.

What is the ruling on offering an Udhiyah on behalf of another with their permission?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for a person to offer a sacrifice (Udhiyah) on behalf of someone else with their permission, even if the person performing it has not offered a sacrifice for themselves. It is stated in Sharh Manhaj al-Tullab (Vol.5/P.261) by Zakariya al-Ansari: "No one may offer a sacrifice on behalf of another without their permission... as opposed to when permission has been granted." And Allah the Almighty knows best.

Should one who doesn`t perform prayer out of laziness make it up later, and how should he/she do so?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                              He/she is obliged to make up missed prayers by offering with each obligatory prayer another one, and if he/she offers two, then it is better. And Allah Knows Best.