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

Decision Number [ Previous | Next ]


Summarized Fatawaa

Is it permissible to offer an Udhiyah on behalf of the deceased?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial animal) on behalf of a deceased person is permissible. This is the official position of the Hanbali school (as stated in Kashshaf al-Qina’ by al-Bahuti,Vol.6/P.428) and was also upheld by the prominent Shafi'i scholar Al-’Abbadi (mentioned in Bidayat al-Muhtaj by Ibn Qadi Shuhbah,Vol. 4/P.358). It has likewise been narrated as a valid view among some Maliki and Hanafi scholars.
 
In fact, Imam Abu Dawud dedicated an entire chapter in his Sunan collection entitled, "Chapter on Sacrificing on Behalf of the Deceased." In it, he recorded a narration from Hanash, who said: "I saw 'Ali sacrificing two rams, so I asked him, 'What is this?' He replied, 'The Messenger of Allah (peace and blessings be upon him) commanded me to offer a sacrifice on his behalf, so I am sacrificing on his behalf.'"
 
Imam Abu Dawud also narrated from Jabir (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said: "O Allah, this is from You, for You, and on behalf of Muhammad and his Ummah (community). In the Name of Allah, and Allah is the Greatest," and he then slaughtered the animal.
 
The textual evidence here lies in the fact that our Master, the Prophet (peace and blessings be upon him), offered a sacrifice on behalf of his entire community—and it is well-established that his community includes those who have already passed away.
 
Furthermore, there is an abundance of sacred texts demonstrating that the rewards of righteous deeds reach the deceased. For instance, it is permissible to fast on behalf of a deceased person who passed away with missed obligatory fasts, and it is equally permissible to perform Hajj on their behalf, both of which are firmly established in authentic Hadiths. Therefore, if the reward of fasting (which is a purely physical act of worship) and Hajj (which is a joint physical and financial act of worship) can reach the deceased, then the reward of an Udhiyah reaches them with greater reason (by way of A Fortiori argument). This is because it is a purely financial act of worship, falling under the general category of charity (Sadaqah).
 
Additionally, scholars have reached a consensus (Ijma') that the rewards of charity reach the deceased, and since the Udhiyah is inherently an act of charity, it falls under the same ruling. Consequently, based on all the aforementioned evidence, we hold the view that offering a sacrifice on behalf of the deceased is entirely permissible. And Allah the Almighty Knows Best.

Who is the one deemed "able" (al-qādir), for whom the uḍḥiyah (sacrificial offering) is sunnah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The one who is deemed "able" (al-qādir) [to perform the uḍḥiyah, i.e., the sacrifice] is someone who possesses wealth sufficient to acquire the sacrificial animal, over and above what is needed to cover his own living expenses and the living expenses of his wife and children — or of anyone else whose financial support (nafaqah) is legally obligatory upon him — for the day of ‘Eid and the three days of Tashrīq [that follow it], since this is the designated time period for the sacrifice. And Allah, the Exalted, knows best.

I have a brother who is harsh in his dealings [with me], and many problems have occurred between us, and I do not intend to reconcile with him. What is the ruling of Islamic Law on that?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is not permissible for a Muslim to abandon or boycott his fellow Muslim brother for more than three days. This is based on the saying of the Messenger of Allah, peace and blessings be upon him: "It is not lawful for a Muslim to forsake his brother for more than three [days], meeting each other but one turns away and the other turns away, and the better of the two is the one who initiates the greeting (salam)." (Reported by al-Bukhari.)
A Muslim must strive to end such estrangement (hajr), so as not to fall under the prohibition mentioned in the hadith. If he takes the initiative to reconcile but the other party does not respond, then there is no sin upon him. We remind [ourselves] of the saying of Allah, the Exalted: "And let them pardon and overlook. Do you not wish that Allah should forgive you? And Allah is Forgiving and Merciful." (An-Nur/22). And Allah, the Exalted, knows best.

If someone starts the day sick or traveling while fasting, is it permissible for them to break their fast?

● A sick person who finds fasting difficult is allowed to break their fast, whether they began the day fasting or not.
● As for a traveler:
○ If they were still at home at dawn and then traveled after Fajr (dawn), they must continue fasting unless they experience extreme hardship, in which case they may break their fast.
○ However, if they were already traveling when dawn broke—meaning they had left their town before Fajr—then they are permitted to break their fast. This is what the Prophetﷺ did during the year of the conquest (of Makkah).