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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 due amount of food in expiation for perjury?

It is feeding ten indigent persons: 600 grams (for each) of the average food of your families such as rice, and it is permissible, according to Imam Ahmad Bin Hanbal, to give that amount in money if it was more useful to them.

What is the ruling on one who sees moisture on his clothes and doubts whether it is semen or pre-seminal fluid (madhy)?

Whoever finds moisture upon waking from sleep and doubts whether it is semen or madhy, and cannot distinguish between them, he may choose between them and act according to his choice. If he wishes, he can consider it semen and perform the ritual bath, or consider it madhy, perform ablution, and wash what it has soiled. This is because if he fulfills the requirement of one of them, he is definitively free from it, and the default is his innocence from the other. And Allah the Almighty knows best.

What is the wisdom behind the legislation of fasting?

Fasting is a divine school from which the believer learns much and trains in virtues that may be needed in life. Among these virtues is patience, as it is the month of patience. Fasting also teaches honesty and consciousness of Allah in both private and public, for there is no observer over the fasting person in abstaining from lawful pleasures except Allah alone.
Fasting strengthens willpower, sharpens determination, and nurtures mercy and compassion among the servants of Allah. It is a struggle against the self, a restraint of desires, a purification of the soul, and a cultivation of goodness.
The Prophetﷺ said: "Allah, the Almighty, said: ‘Every deed of the son of Adam is for him, except for fasting; it is for Me, and I shall reward for it. Fasting is a shield. So when one of you is fasting on a day, let him not engage in obscene speech or raise his voice in anger. If someone insults him or fights him, let him say: I am a fasting person. By Him in whose hand is the soul of Muhammad, the breath of the fasting person is more pleasant to Allah than the fragrance of musk.’" [Bukhari and Muslim]
 

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.

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