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Resolutions of Iftaa' Board

Resolution No.(177): "Does the Indemnity Insurance Paid to the Killed`s Heirs Suffice as a Diyah" .

Date Added : 02-11-2015

Resolution No.(177)(9/2012) by the Board of Iftaa`, Research and Islamic Studies:

"Does the Indemnity Insurance Paid to the Killed`s Heirs Suffice as a Diyah"
Date: 8/8/1433 AH, corresponding to 28/6/2012 AD.

 

All praise is due to Allah, peace and blessings be upon Prophet Mohammad and upon his family and companions:

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

Is it permissible to collect the indemnity insurance and does it suffice as a Diyah (Blood money)?

After prolonged deliberations, the Board came up with the following opinion:

If the effective regulations stipulate that the insurance company pays the indemnity insurance to the guardians of the victim and that it should be tantamount to the Diyah estimated in Sharia, then it is suffices, whether it was called an indemnity, or a Diyah.

However, if the indemnity insurance was less than the prescribed amount of the Diyah, then it is permissible for the guardians of the killed to claim the difference because it is an obligation on the killer.

Accordingly, there is no harm that the guardians of the killed accept the indemnity insurance, because Allah has granted them the right to receive the Diyah, which is indicated in the following verse: "Never should a believer kill a believer; but (If it so happens) by mistake, (Compensation is due) : If one (so) kills a believer, it is ordained that he should free a believing slave, and pay compensation to the deceased’s family, unless they remit it freely." {An-Nisa`/92}. Therefore, it doesn`t matter whether it was paid by the insurance company, charitable people, or the killer`s Aqila (Male relatives from his father`s side). And Allah Knows Best.

 

Chairman of the General Iftaa` Board, His grace the Mufti General of the Hashemite Kingdom of Jordan, Sheikh Abdulkareem Al-Khasawneh

Sheikh Sa`ied Hijjawi/ Member

Prof. Abdulsalam Al-Abbadi/ Member

Prof. Mohammad Al-Khwdah/Member

Prof. Abdul N`nassir Abu-Al-bas`sal/Member

Dr.Yahia Al-Boutoosh/Member

Dr. Wasif Al-Bakhri/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Az`zoubi/ Member

 

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Summarized Fatawaa

What is the ruling of Islamic Law on saying the basmalah at the beginning of wudu`?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Saying the basmalah (Bismillāh) at the beginning of wuḍūʾ is a sunnah. It is stated in al-Minhāj al-Qawīm Sharḥ al-Muqaddimah al-Ḥaḍramiyyah (p. 27): “Its sunnahs include the siwāk, then the tasmiyah (saying Bismillāh), joined with the intention (niyyah), at the start of washing the hands.” And Allah Almighty knows best.

What is the ruling on making up missed fasts from many years?

A Muslim must make up for any missed fasts, as they are a debt owed to Allah. The Prophet ﷺ said:
"The debt owed to Allah is more deserving of being fulfilled." [Narrated by Muslim]
Whoever has missed fasts must make them up as long as they are alive and capable of fasting.

What are the valid excuses for abstaining from congregational prayer in the mosque?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Concessions (Rukhsah) are granted to abstain from congregational prayer in the mosque due to general excuses, such as: rain that causes hardship in going out, strong winds at night, heavy mud that cannot be traversed without the risk of soiling oneself, hot winds, and extreme heat or cold. There are also specific individual excuses, such as: illness that makes walking as difficult as walking in the rain, severe drowsiness, evident hunger or thirst, the suppression of bodily wastes (urine, stool, or gas), and fear for one's life, limb, physical faculty, wealth, or honor, among other valid excuses. And Allah the Exalted knows best.

What is the ruling on wiping the head during ablution from behind a barrier like a headscarf (hijab)?

The obligation in ablution is to wipe some of the head; it is not a condition to wipe all of it. As for one who has a turban or headscarf on their head, it is permissible for them to wipe over it after wiping a part of their head in any place. This is easily done at the front of the head. This means the woman begins by wiping the front of her head from under the headscarf, then completes the wiping to the back of the head from over the headscarf. If the woman wipes over the headscarf on her head and the moisture reaches the scalp or some hair within the boundaries of the head, it suffices for wiping the head. And Allah the Almighty knows best.

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