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

Do wounds and bleeding during the day in Ramadan break the fast?

If a wound results in something entering the body cavity (jauf), such as blood or an external object, then the fast is invalidated.
However, external wounds and bleeding do not break the fast, unless they cause something to enter the body cavity.

Is it permissible for a woman who has become pure before the end of forty days of confinement to perform different acts of worship? and is it lawful for her husband to have sex with her?

Once postpartum bleeding ceases and she is certain that it won`t happen again, she becomes pure, and so she should perform Ghusl (ritual bath), pray, and fast. She can also have sex with her husband even before the end of (40) days because the minimum of postpartum bleeding is a moment, and the maximum is (60) days. However, the postpartum bleeding for the majority of women is (40) days, but this does not apply to rest of them.

Is it permissible for a menstruating woman to recite the Quran from the computer without actually touching the Quran?

It is not permissible for a woman in her menstrual period, or in postpartum to recite the Quran, even by heart, or without actually touching the Quran itself. Recitation itself is what is prohibited on her regardless of how it is done. However, it is permissible for her to surf through the Quran by her eyes, or to recall it in her head without uttering the words. There is no harm for her to look at the Quranic verses on the computer without touching it, or to utter the words as this is called looking not reciting or reading.

Is it valid to perform the obligatory prayer while sitting?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Standing (Al-Qiyam) while having the ability to do so is one of the pillars (Arkan) of the prayer; the obligatory (Faridah) prayer is not valid without it. However, whoever is unable to stand may pray sitting down. As for voluntary (Nafilah) prayers, it is permissible to pray them sitting even if one is able to stand, but the one sitting receives half the reward of the one who prays standing. And Allah the Exalted knows best.