Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(26): “Diya and its Rulings“

Date Added : 28-10-2015

Resolution  No.(26): “Diya and its Rulings“

Date: 25/6/1413 AH corresponding to 19/12/1992 AD

The Board has received the following question:
What is the value of Diya (blood money) and what are the rulings pertaining to it?
Answer: All success is due to Allah.
The Board has determined the following:
A- Value of Diya
1- In principle, the value of Diya is a hundred camels. However, it is permissible to assess its value according to the currency of the country where the verdict was issued.
2- The value of camels is calculated according to their minimum price in the Islamic countries, and transportation costs are added.
3- The Diya in premeditated and quasi-intentional killing is denser, so an extra third is added on its original amount.
4- A committee of Sharia judges and experts is formed to determine the value of Diya in Jordanian currency in accordance with the above principles, whenever necessary.
B- Aqila
Diya is an obligation on the killer`s Aqila in accidental and quasi-intentional killings, according with the following rulings:
1- A person`s Aqila is his male blood relatives, classified in accordance with their degree of kinship.
2- Diya is shouldered by the killer`s Aqila, each according to his financial capability.
3- Diya is due on those legally competent.
4- The maximum share due on any member of the killer`s Aqila shall not exceed two hundred and fifty JDs., divided over a span of three years.
5- The Sharia judge rules that the whole Diya is due on the killer regardless of the type of killing, and the killer has the right to demand the members of his Aqila to pay the sums due on each in line with these rulings.
6- A killer who has no Aqila shall pay the whole Diya, regardless of the type of killing.
7- If a government or a non-government employee committed murder due to the nature of his work, and without negligence or carelessness on his part, then the public treasury or the organization that he works for shall pay the whole Diya.
8- Dwellers of villages, or neighborhoods who are members of the same clan obliged to pay the Diya of the person who found dead in their area, and whose killer wasn`t known, after the avengers of the blood heir offer compurgation (by oath) in the proper legal form. And Allah Knows Best.

Chairman of the Iftaa` Board, Chief Justice Dr.Nooh Al-Qodaat

Deputized Grand Mufti of Jordan, Sheikh Saeid Hijjawi

Dr. Abdassalam Al-Abbadi

Dr. Ahmad Hilayel

Mahmood Shewayat

Dr. Omar Al-Ashkhar

Dr. Ali Al-Faqheer

Dr. Mohammad Naeim Yaseen

Dr. Ibrahim Khash-shan

Dr. Yaseen Daradkeh

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Summarized Fatawaa

Is it permissible to slaughter one animal as a sacrifice and an Aqeeqah (the sheep slaughtered on the seventh day from the child`s birth)?

It is impermissible to do so since each of them is slaughtered for a different reason.

Is it permissible to divide the Aqeeqah amongst one`s brothers and family?

Giving a portion of the Aqeeqah, even a small one, to the poor and needy is obligatory, and if one`s brothers and family are among the needy then, they are more entitled to it, and this way it is a charity and an observation of kinship ties. However, if they aren`t needy then, it is permissible to give them from the Aqeeqah after giving the poor and needy their share.

Is the one who doesn`t offer prostration of recitation during Quranic recital considered sinful?

Prostration of Quranic recital is a Sunnah due on whosoever recites a verse that contains a prostration. It is also a Sunnah for the reader and the listener. However, none of them is considered sinful for not offering it, but they deprive themselves from a great reward. It is obligatory to offer the prostration of Quranic recital in congregational prayer following the lead of the Imam.

Is it permissible for the wife to give the Zakah (obligatory charity) of her money to her poor husband?

Yes, it is permissible for the wife to give from the Zakah of her money to her poor husband. And Allah Knows Best.