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

Is it permissible to slaughter sacrificial animals in public squares and streets?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The slaughtering of sacrificial animals (udhiyah) should take place in locations designated for slaughter, such as abattoirs (slaughterhouses), or in sites allocated by the relevant authorities for this purpose.
 
It is not permissible to perform slaughtering in a random or haphazard manner—such as in public squares, on roadsides, or in front of houses—in a way that creates health hazards, causes public nuisance, or endangers public safety. And Allah Almighty knows best.

Must a person refrain from eating for the rest of the day if they break a fast of a vow (nadhr) or a make up fast (qada)?

 

Whoever observes a vowed fast (nadhr) or a makeup fast (qada) is prohibited from breaking it without a valid excuse. If they break it without a legitimate reason, they are sinful.
However, they are not required to refrain from eating for the rest of the day, because such restraint is only required out of respect for the month of Ramadan, not for other types of fasting.

Is it valid to perform Tarawih prayer at home?

It is Sunnah for a Muslim to perform Tarawih prayer in congregation at the mosque.
However, if a person sometimes prays it at home in congregation with their family for a valid reason, there is no harm in doing so.

Is it permissible to slaughter a single sheep with the combined intention of both the uḍḥiyyah and the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
According to Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī, it is not permissible to combine the intention of the uḍḥiyyah and the 'aqīqah in a single animal, as each of the two has a distinct and separate cause that differs from the other.
However, Shaykh al-Islām Imam al-Ramlī permitted the combining of both intentions in a single animal — and this position offers a degree of latitude and ease. And Allah Almighty knows best.