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

What is the ruling on the ablution of one who touches his wife without a barrier?

In the Shafi'i school, a man's ablution is invalidated by touching his wife if their skins meet (in any place) without a barrier, whether the touch is intentional or accidental. An exception to this is touching hair, teeth, or nails; these do not invalidate ablution. And Allah the Almighty knows best.

What is the ruling on sacrificing a hornless sheep?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is valid to sacrifice a hornless sheep (al-Jamma’ or al-Jalha’). Similarly, a sheep with a broken horn is also acceptable; it does not affect the validity of the sacrifice even if the break causes bleeding, unless the injury is so severe that it leads to the spoilage of the meat. And Allah the Almighty knows best.

What is considered a woman`s Awrah (parts of the body that must be concealed during prayer) while offering prayer, and is her foot part of it?

A woman`s whole body is considered an Awrah while offering prayer except the hands and the face. Thus, her foot is an Awrah as well. And Allah Knows Best.

What is the ruling of Islamic Law on selling gold or silver in installments or for a differed price?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is prohibited (haram) to sell gold or silver in installments or for a deferred price; rather, immediate hand-to-hand exchange (Taqabud) is mandatory, otherwise, it is considered usury (Riba). The Messenger of Allah ﷺ said: 'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, hand to hand. Whoever increases or asks for an increase has engaged in Riba; the receiver and the giver are the same in this regard.' (Narrated by Muslim). Furthermore, when exchanging new gold for used gold, they must be of equal weight, or it falls into Riba.
 
The permissible solution (al-makhraj) is for the merchant to purchase the used gold for cash first, and then sell the new gold for cash in a separate transaction. However, the price must be paid during the sitting of the contract (Majlis al-Aqd) for both deals. Alternatively, the jeweler may take the used gold with the intent of remodeling or repairing it, and then charge a fee for the craftsmanship or repair work. And Allah the Exalted knows best."