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" 

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Summarized Fatawaa

What is the ruling on water present on the floor of a toilet/bathroom?

The default ruling is the purity of this water present on the bathroom floor. If one is certain or strongly suspects its impurity, then one washes whatever part of the body or clothing this impure water has touched. If one doubts its impurity, the default is purity, and we do not rule it impure based on mere doubt. And Allah the Almighty knows best.

Is supplicating in Qunoot, at times of affliction, during obligatory and voluntary prayer a Sunnah, and should it be done before Rukoo` (bowing), or after it?

At times of affliction, it is a Sunnah that Muslims supplicate in Qunoot after the final Rukoo` of each obligatory, or voluntary prayer as individuals, or in congregation.

What is the ruling on mentioning Allah`s name upon slaughtering an animal?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
It is a Sunnah (prophetic tradition) for the person slaughtering to say: "Bismillah" (In the Name of Allah), though the most complete and perfect phrasing is to say: "Bismillah ar-Rahman ar-Rahim" (In the Name of Allah, the Most Gracious, the Most Merciful). This is in accordance with the words of Allah Almighty: "So eat of that [meat] upon which the name of Allah has been mentioned." (Al-An'am/118)
 
However, pronouncing it is not an obligatory requirement (Wajib). If someone omits it—whether deliberately or out of forgetfulness—the meat remains entirely lawful (Halal) to eat, though purposely omitting it is considered disliked (Makruh). And Allah the Almighty Knows Best.

What is the ruling on sacrificing a castrated animal or one with a missing tail?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible to sacrifice a castrated sheep; as it has been established that the Prophet (peace be upon him) sacrificed:
 
"...two large, fat, horned, white-and-black, castrated rams (Mawju'ayn—meaning having crushed testicles)." [Narrated by Ibn Majah in his Sunan].
 
It is not permissible to sacrifice an animal that is missing its tail, or udder due to being cut off. This is in contrast to an animal that was naturally born without a tail, or udder; such an animal is valid for sacrifice. And Allah the Almighty knows best.