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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 it permissible to include others in the reward of one`s sacrifice?

 

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for the person offering an Udhiyah (sacrificial offering) to include others in the spiritual reward of the sacrifice. However, it is not permissible for multiple people to jointly share the purchase price of a single sheep or goat, unless one person gifts the money to the other.
 
It is stated in Mughni al-Muhtaj (6/137) by Al-Khatib al-Shirbini:
 
"If a person includes someone else in the reward of his sacrifice and slaughters it on his own behalf, it is permissible."
 
It should be carefully noted that including someone else in the reward of one's sacrifice is completely distinct from offering a sacrifice on behalf of someone else. And Allah the Almighty Knows Best.

What is the ruling of Islamic Law on supplicating with other than the transmitted (Ma'thur) supplications in prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible to supplicate (make du'a) during the prayer for anything from the affairs of religion or worldly life, and the prayer is not invalidated by doing so.
Shaykh al-Islam, the Imam an-Nawawi, may Allah have mercy on him, says: "Our madhhab [i.e., the Shafi'i madhhab] holds that it is permissible for a person to supplicate during it [the prayer] with anything that is permissible to supplicate with outside the prayer, from the affairs of religion or worldly life. He may say: 'O Allah, grant me wholesome sustenance, offspring, a house, and a beautiful young wife' — describing her; or: 'O Allah, free so-and-so from prison,' or 'destroy so-and-so,' and other such things — and none of this invalidates his prayer according to us. And this is also the view of Malik, ath-Thawri, Abu Thawr, and Ishaq." [Al-Majmu', Vol.3/P.454]. And Allah, the Exalted, knows best.

Is it permissible to combine and shorten prayers at home before traveling?

It is impermissible to combine and shorten prayers at home before traveling because a person is called a traveler once he/she departs the borders of his/her country, and offering prayer that way was originally intended to exempt a traveler. And Allah Knows Best.

What is the ruling on a woman who takes medication to delay menstruation for fasting?

If a woman takes medication (to delay menstrual period) and does not experience menstruation, her fast is valid. However, she is not advised to do so unless there is a necessity.
If the medication harms her, even potentially, it is forbidden (haram) for her to take it.

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