Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 02-11-2015

 

Resolution No.(159) (25/2010) by the Board of Iftaa`, Research and Islamic Studies:

"Dividing Part of the Blood Money Accepted Amongest Heirs in Intentional Killing, each according to his Share as Stipulated in Sharia"

Date: 17/1/1432 AH, corresponding to 23/12/2010 AD.

 

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

During its twelfth session held on the above date, the Board reviewed the following question:

Five years ago, my son was intentionally killed in Saudi Arabia by a Saudi citizen. Two weeks passed over his marriage to a Jordanian woman before he was murdered. When the killer was sent to court, his family offered (25) million Riyals as Diyah (blood money) in return for waiving our right to Qisas (retribution). I along with his father insisted on Qisas and obtained an authorization to that end from all the heirs of my son including his wife.

Several years later, the court ruled for Qisas. However, one hour before the execution of that sentence, we were told that it has been delayed and I was told to check with the Saudi Ministry of Interior.

When I arrived there, I found out that my son`s widow has waived her right to Qisas in return for (5) million Riyals, and so the killer`s life will be spared and we will receive (25) million Riyals as Diyah.

Is the five million Riyals received by my son`s widow hers or should that sum be divided amongst his heirs as stipulated in Sharia.

 After prolonged deliberations, the Board decided:

The five million Riyals received by the victim`s widow from the killer`s family must be divided amongst the heirs of the killed in accordance with Sharia. This is the opinion of the Malikite jurists and it is most compatible with the principles of justice, the provisions of Sharia and  the juristic principle pertaining to warding off harm. 

It is stated: "If one of the victim`s heirs waived his right to Qisas in return for an amount, which is more or less than his share from the Diyah stipulated in Sharia, other heirs become obliged to waive their right to Qisas and take their share from the Diyah as well." [Hashyat Ibn Abdeen Ala-Asharih Al-Khabeer].

As clearly stated in the aforementioned quotation, if one of the two guardians of the victim, in intentional killing, waived his right to Qisas against taking more or less than his share in the Diyah, then the other guardian is obliged to follow suit. This is also supported by the Hadith of the Prophet (PBUH): "There is no injury nor return of injury". And Allah Knows Best.

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa

Judge Sarrie Attieh

Dr. Abdulrahman Ibbdah/ Member

Dr. Mohammad Oklah/ Member

Dr. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Executive Secretary of the Iftaa` Board, Sheikh Mohammad Al-Hunaiti

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Summarized Fatawaa

I`m a Muslim woman and have fallen in love with a Christian man. Supposing that he embraced Islam. Is it permissible that he proposes to me?

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
The relationship between you two is forbidden; however, if he wants to embrace Islam then he should pay a visit to a Sharia court. Once he becomes a Muslim, we will address the matter of proposing to you. And Allah The Almighty Knows Best.

What is the ruling o associations (Whereas a person who have money buys a commodity for a person and  and gets a profit on it)?

It is permissible for a person to buy a commodity for someone's else and have a profit/loss on it

After I had prayed, I found a drop of menstrual blood and was unsure when that happened; what is the ruling on my prayer and fast?

All praise is due to Allah, peace and blessing be upon the Messenger of Allah.

Your prayer and fast are correct ,and you should not make up for them, and we ask Allah, The Almighty, to duely reward you for these acts of worship. Your menses start once you see blood because the situation remains as such unless there is certainty or predominant conjecture, as per the Fiqh maxim: "Certainty is not removed by doubt". And Allah Knows Best.

A young man who works for a conventional bank has proposed to me. Is it forbidden to marry him because he works there?

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.
Since the Messenger of Allah (PBUH) said: "When someone with whose religion and character you are satisfied asks your daughter in marriage, accede to his request. If you do not do so there will be temptation in the earth and extensive corruption."
Marrying such a person is permissible because he is a Muslim, and Allah may bless him with another job in which no usury/interest is involved. And Allah The Most Exalted Knows Best.