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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 amount of food to be given to a needy person for fidyah and kaffarah?

The amount of food to be given to a needy person is 600 grams of wheat or rice.
According to the Hanafi school, it is permissible to give the monetary equivalent instead, and this is the ruling issued by the General Iftaa` Department.

What is the ruling on praying behind a disliked Imam?

 

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is mildly disliked (Makruh Tanzihan) for a man—other than the permanent designated Imam (Imam Ratib)—to lead people in prayer if the majority of them dislike him due to a religiously blameworthy reason (Amr Madhmum Shar‘an), such as associating with open sinners (Fussaq), for example. As for the followers who dislike him, the prayer behind him is not disliked for them. However, if less than the majority dislike him, or if the majority dislike him for a reason that is not religiously blameworthy, then his leading the prayer is not disliked. And Allah the Exalted knows best.

Is it permissible for the guardian to give Sadaqa (voluntary charity) from the money of the orphans?

It is impermissible for the guardian to donate from the money of the orphans because he is entrusted with the safekeeping of that money, and is prohibited from donating it.

What are the Sunnah acts of fasting?

● Delaying Suhoor (pre-dawn meal) as long as there is no risk of Fajr beginning.
● Hastening Iftar (breaking the fast) immediately after confirming sunset.
● Performing I‘tikaf, especially during the last ten nights of Ramadan.
● Reciting the Quran frequently.
● Avoiding idle and useless talk.
● Being generous and charitable.
● Guarding oneself from desires.
● Purifying oneself from major impurity (janabah) before Fajr.

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