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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

Is washing the private part after urinating (Istinjaa`) a condition, and is it done with water and soap, or with water only?

Istinjaa` is obligatory for removing impurity, and it can be done with toilet paper, or a stone, or water. It is preferable to do Istinjaa` first with paper, or stone, or the like, then to wash the private part with water until making sure that the impurity has been removed. Using soap is not a condition, but there is no harm in doing so provided that it is washed off with water. It is also permissible to use either water, or paper if impurity is removed by any.

Is Fajr (dawn) Sunnah a confirmed one?

All praise be to Allah The Lord of The Worlds                                                                                                                                                                                  Of course, it is a confirmed Sunna which the Prophet (PBUH) used to offer in a regular basis. And Allah Knows Best.

What is the monetary value for the expiation of an oath (Kaffarat al-Yamin)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The expiation for an oath (Kaffarat al-Yamin) consists of feeding ten (10) needy persons. This is estimated at 600 grams of rice per person. It is also permissible to pay its value in cash, which is estimated at one dinar (per person). And Allah the Exalted knows best.

What is the ruling on selling sacrificial animals (udhiyah) described with specific attributes and authorizing an agent to slaughter them?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Selling sacrificial animals (udhiyah) that are described with specific attributes is permissible. This falls under the category of a salam sale (forward sale) if conducted using the terminology of salam, and under the category of a regular sale if not using the terminology of salam.
 
As for authorizing the seller to slaughter the sacrificial animal, the basic principle is that it is permissible, because the agent (wakil) stands in the place of the principal (muwakkil) in achieving his objective. This is a contract that the principal (the buyer) is entitled to perform himself, so authorizing another (the seller) to do so on his behalf is valid.
 
However, it is a condition for authorization to slaughter that the intention (niyyah) is present either at the time of slaughter or at the time of handing over the sacrificial animal to the agent. The basic principle is that the sacrificial animal must be specifically designated, as it is an act of worship. It is not required to designate it at the time of slaughter; rather, it is valid to do so before that.
 
It is permissible for the principal either to delegate the intention to the agent or to formulate it himself when authorizing the agent to slaughter. However, the sacrificial animal must be designated, even if at the time of slaughter, by the agent.
 
It is obligatory to designate the sacrificial animals so that each person offering a sacrifice receives his own specific animal. Therefore, charitable organizations and companies must take this into consideration and establish a specific mechanism that ensures no mixing of sacrificial animals occurs, so that each person offering a sacrifice receives his own designated animal. And Allah Almighty knows best.

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