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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(159): "Ruling on Dividing Part of the Blood Money Accepted by one of the Victim`s Heirs from the Killer`s Family, in Intentional Killing, amongst other Heirs, each according to his Share as Stipulated in Sharia"

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

What are the Sunnahs and etiquettes recommended for the person offering the Udhiyah?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
There are several Sunnahs (prophetic traditions) and etiquettes that are highly recommended for the person offering an Udhiyah (sacrificial offering) to observe:
 
First:
It is a Sunnah for anyone intending to offer a sacrifice to refrain from cutting or removing any of their hair or nails once the first ten days of Dhul-Hijjah begin. This is based on the statement of the Prophet (peace and blessings be upon him): "When the ten days [of Dhul-Hijjah] begin and one of you intends to offer a sacrifice, let him not touch any of his hair or skin." (Narrated by Muslim)
 
However, if someone does happen to remove any hair or nails, they have not committed a sin, and their sacrifice remains perfectly valid.
 
Second:
The person offering the sacrifice should ideally slaughter the animal themselves. If they are unable to do so, they should at least witness its slaughter. This is drawn from what our Master, the Messenger of Allah (peace and blessings be upon him), said to Lady Fatima (may Allah be pleased with her):
 
"Stand up and witness your sacrifice, for with its very first drop of blood, every sin you have committed will be forgiven." (Narrated by Al-Tabarani in his Mu'jam, Al-Hakim in his Mustadrak, and Al-Bayhaqi in his Sunan)
 
Third:
Face the Qiblah (the direction of prayer) at the time of slaughtering, as the Qiblah is the most honorable of directions.
 
Fourth:
Pronounce the name of Allah (Tasmiyah) at the moment of slaughter by saying: "Bismillah ar-Rahman ar-Rahim" (In the Name of Allah, the Most Gracious, the Most Merciful). Even if one forgets to say it, the meat remains lawful (Halal) to eat. Allah, Blessed and Exalted is He, says:
 
"So eat of that [meat] upon which the name of Allah has been mentioned." (Al-An'am: 118)
 
It is also recommended to send blessings upon our Master, the Messenger of Allah (peace and blessings be upon him), and to follow it with the Takbeer (Allahu Akbar).
 
Fifth:
Supplicate for acceptance by saying: "Allahumma hadhihi minka wa ilayka, fa-taqabbal minni" (O Allah, this is a blessing from You and is offered back to You, so please accept it from me). This means: This sacrifice is a blessing that originated from You, and I am offering it to draw closer to You. And Allah the Almighty Knows Best.

What is the ruling on preparing food for someone who is not fasting in Ramadan?

It is forbidden to prepare food for someone who is breaking their fast without a valid excuse in Ramadan.
Doing so would be assisting in sin, and assisting in sin is itself a sin.
Allah says {what means}: "but help ye not one another in sin and rancour" [Al-Mai`dah/2]

Who is "the poor" entitled to receive Zakah (obligatory charity)?

The poor is the one who has neither money nor a source of living, or has either of them, but it isn`t sufficient such as being in need for a hundred/JDs, and having an income of forty/JDs only.

Should the Zakah (obligatory charity) giver tell the poor recipient that this is the Zakah of his money?

No, he shouldn`t. But, the Zakah giver should make an intention in his heart that it is the Zakah of his money when paying it to the poor. And Allah Knows Best.

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