Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 29-11-2015

Resolution No.(21) by the Board of Iftaa`, Research and Islamic Studies:
"Is the Killer (Inheritor) Entitled to Inherit the Person whom he had Killed (Inheritee)"
Date: 30/7/1411 AH, corresponding to 14/2/1991.

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

On the above date, the Board reviewed the verdict issued by the High Court of Justiciary whereby  (Mr. X) wasn`t found criminally responsible for his father`s death because of his mental and psychotic state, as confirmed by the reports of specialized doctors.

Article (183) of the Jordanian Civil Status Law obligates enforcing the preponderant opinion of the Hanafite School of Thought in both the judiciary and Sharia systems. This article reads as follows: "An inheritor who kills his inheritee while being in a state of insanity or suffering from a mental illness that makes him unaware of his actions, enjoys the right to inherit him."

Based on article (586), from the Jordanian Civil Status Law, which reads as follows: "If he has killed the inheritee out of Qisas (Retribution), as a (Had) prescribed penalty, in self-defense, was an indirect cause, or he (killer) hasn`t reached the age of puberty or was insane, then he is entitled to inherit him".

In conclusion, the Iftaa` Board rules that the above murderer is entitled to receive a share from the estate of the murdered (his father). And Allah Knows Best.

Chairman of the Iftaa` Board, Chief Justice Mohammad Mohailan
The Grand Mufti of Jordan, Izzaldeen At-tamimi
Dr. Abdullahlim Ar-ramahi
Dr. Abdusallam Al-Abbadi
Dr. Ahmad Helayel
Dr. Yaseen Daradkeh
Dr. Abdulahaleem Al-Ramahi
Dr. Mohammad Al-Qhodat
Sheikh Ibrahim Khashan

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Summarized Fatawaa

Who should pay the Zakah (obligatory charity) from the orphan`s money?

His/her guardian, and if the latter fails to do so, then the orphan himself/herself is obliged to pay the Zakah once he/she reaches puberty, and is capable of handling his/her own affairs. And Allah Knows Best.

My engagement to a young man was announced and blessed by both our families reciting Al-Fatihah. Is it permissible that I take off my Hijab in his presence?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Reciting Al-Fatehah (The opening chapter of the holy Qura'n) to declare an engagement isn`t tantamount to a marriage contract and it isn`t permissible for him to see you without hijab or stay in private with you before the conclusion of the marriage contract. And Allah The Almighty Knows Best.

I suffer from chronic asthma which requires ventoline inhale; which is an air causes the risperatory track/airways to expand. Am I permited to use it during the daylight of Ramadan? And does break one's fast? Noting that I can't go an entire day without using it?

Taking inhaler through the mouth or the nose breaks one's fast, because it is meant to reach the lungs which are part of the coelom. Therefore, whosoever use inhalers for couple of days is obliged to preserve his fasting and make up that day later. As for the ones the ones who need to use it every days are obliged to preserve his fast and feed a poor per day and the cost of feeding one poor is estimated (60) piasters for the year (1421AH). And Allah Knows Best.  

A woman is asking for divorce although she is still breastfeeding. What is the Islamic ruling on this?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
It unlawful for a woman to seek divorce without a valid Sharia excuse. And Allah The Almighty Knows Best.