Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No. (8): "Ruling on an Heir Inheriting the Person that he had Killed"

Date Added : 25-01-2018

 

Resolution No.(8) by the Board of Iftaa`, Research and Islamic Studies:

  "Ruling on an Heir Inheriting the Person that he had Killed"

Date: 6/4/1407AH, 7/12/1986 AD

 

Question: What is the ruling on an heir receiving a share from the one that he had killed for the motivation of inheritance?
Answer: Praise be to Allah, The Lord of the Worlds.
The Board is of the view that the husband`s killing of his wife is unlawful, so it has decided that in this particular case, the killer doesn`t inherit the killed. In fact, this is the view of the Hanafite`s juristic school and it is effective in the Jordanian Civil Status Law. This is also the view of all juristic schools, which stipulate that a killer (an heir) is excluded from inheriting the killed in case of unlawful killing, whether it was intentional, or accidental. This is supported by what was narrated after the Prophet (PBUH) who said (What means): “An heir receives no inheritance from the person that he killed" ([1]). And Allah Knows Best.

 

 

 

([1]) Related by Abu Dawood in [Al-Sunn] - The Diyat Book/Organ's Diya Chapter. Hadith No.(4564) taken from the Narration of Amr Ibn Sho'aib who related from his father from their granfather. Al-Baihaqee commented in [AL-Sunn Al-Kobra] by saying: "The authentication of this Hadith is taken from other Hadithes" 

Decision Number [ Previous | Next ]


Summarized Fatawaa

What is the ruling of Sharia on marrying the maternal niece of one`s wife?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
One may not combine in marriage a woman and her paternal aunt, or a woman and her maternal aunt, as stated the Prophet (PBUH). And Allah The Almighty Knows Best.

I`m getting old and haven`t got married yet. I love wearing the veil, but people advised me to take it off because it could stand in the way of my marriage, and that I should wear it after getting married, what should I do?

The veil (face drape) is the wear of the Prophet`s (PBUH) wives and righteous female companions (May Allah be pleased with them) and whoever imitates a certain group of people shall receive the same reward or punishment like themselves. Only those who are religiously poor deny women wearing the veil, and thinking that it stops a woman from getting married is from the evil suggestions of the devil.

Is prayer nullified by nose bleed?

 All praise be to Allah, The Lord of The Worlds.                                                                                                                                                                           Blood coming out of the nose, or a wound doesn`t nullify prayer regardless of its quantity. And Allah Knows Best.

What is permissible for the husband to do as far as having sex with his wife is concerned?

The couple are free to enjoy each other sexually provided that they don`t do it during menses. It is also forbidden for the husband to enjoy the wife from her anus.