Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

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 for a menopausal woman who has blood discharges to fast?

If she reached the age of menopause, and her menses stopped, but later she saw blood discharges that lasted a complete day and night (24) hours, then it is menstrual blood. Still, if these blood discharges lasted less than a complete day and night (24) hours, then it is not menstrual blood, but it is bleeding outside the monthly period (Istihadah), and it does not prevent her from prayer and fast, but she has to make ablution for every prayer.

Is hair extension permissible?

All Perfect Praise is due to Allah, The Lord of The Worlds 

It is impermissible for the man and the woman to apply a human`s hair as extension, but using artificial hair is permissible for the married woman after obtaining the approval of her husband so long as non-Mahrams don`t see her. And Allah Knows Best.

It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (Sura,2/verse,228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers

Who has the right to child custody when final divorce takes place?

The wife has the right to child custody until her children reach the age of puberty. However, if she gets married, the right of custody becomes that of her mother`s.