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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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

Is it permissible for the man to go out wearing shorts?

It is permissible as long as his Awrah(private part), which is between his navel and knee, is covered. However, the regular wear traditions and modesty are to be observed.

Are minors(persons under the age of puberty) obliged to fast?

A male under the age of puberty isn`t required to fast, but his guardian should order him to fast if he was able to endure the hardship until he gets used to it.

Is it permissible for a woman who is in her `Iddah (waiting period) due to the death of her husband to go out and mix with non-Mahrams(Marriageable men)?

A woman in such a situation is only allowed to leave her house for a sound reason such as visiting the doctor, and she is only allowed to mix with her Mahrams(Non-Marriageable kin) since it is permissible for a woman, whether in her `Iddah, or not, to mix with her husband and Mahrams. However, she is allowed to accept condolences, and answer inquiries about her situation after such a calamity.

Is it permissible to give the expiation due on the vow of anger to one person?

The expiation for the vow of anger-and that of the oath-is to be given to (10) needy persons, or a needy family of ten individuals, but giving it to one person is impermissible.

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