Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No. (268): "Ruling on Giving Males and Females Equal Portions of Inheritance"

Date Added : 31-12-2018

Resolution No.(268) (22/2018) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Giving Males and Females Equal Portions of Inheritance"

Date: (05/Rabi` Rabīʿ al-Thaani/1440 AH), corresponding to (13/12/2018).

 

 

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

 

On its fourteenth session held on the above date, the Board reviewed the questionnaire about the permissibility of giving equal portions of inheritance to males and females on absolute basis. Some say that the verse" Allah chargeth you concerning (the provision for) your children: to the male the equivalent of the portion of two females…"{An-Nisa`, 11} isn`t a clear revelation, Quranic texts are amenable to Ijtihad (Independent reasoning or the thorough exertion of a jurist`s mental faculty in finding a solution to a legal question) and the Quran suits every time and place. Does the ruler have the authority to pass a law whereby males and females take equal shares of inheritance?

 

After deliberating, the Board arrived at the following:

 

Inheritance is clearly prescribed in the Noble Quran where Allah, The Almighty, Has Taken charge of dividing it rightfully and justly so that the people deal with each other justly. He, the Exalted, Hasn`t Left this matter to the will of a ruler nor the Ijtihad of a researcher. He, The Almighty, Said (What means): "It is an injunction from Allah. Lo! Allah is Knower, Wise." {An-Nisa`, 11}. Since an injunction is an obligation, then there is no room, here, for Ijtihad. This is not because this divine division contradicts justice; rather, it achieves justice. Therefore, upon the death of a father or a mother who has male and female children, the inheritance is divided on basis of the aforementioned verse: "to the male the equivalent of the portion of two females." This is a text of definitive authenticity and implication, so there is no room, here, for construing or distorting.

Scholars have pointed out that the financial burden shouldered by the inheritors is one of the key standards deemed considerable by the Lawgiver with regard to laws of inheritance. In light of the just Islamic system, the civil status regulations along with the familial code have imposed on the male, be he a husband, a son or a brother, huge financial burdens towards his dependents, and this aims to honor and protect women, in particular, against poverty and need. Another example on those burdens is that the man is obliged to give Mahr (Bridal gift) to the woman, even if she is rich; whereas, she doesn`t have to provide for him since she is financially independent. To face all these burdens, the portion of the male is equivalent to the portion of two females, as indicated in the above scenario. At the same time, in other scenarios, the portion of a female is higher than that of a male because there are two other standards correlating with the above standard (Financial burden), and they are degree of kinship and generation. None is allowed to interfere in this meticulous division and none can understand its details nor the wisdom behind it.

In conclusion, the Board confirms the definitiveness of the divine injunction (to the male the equivalent of the portion of two females) mentioned above and calls on all Muslims to pursue real reform and work on uplifting the Muslim Nation socially, economically, politically and scientifically. And Allah Knows Best.

 

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem AlKhasawneh/ Member

Sheikh Sa`eid Al-Hijjawi/ Member 

Prof. Abdullah Al-Fawaaz/ Member

Dr. Muhammad Khair Al-Issa/ Member

Dr. Majid Al-Darawsheh/ Member

Prof. Adam Noah/ Member

Judge. Khaled Al-Worikat/ Member 

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Al-Zou`bi/ Member

Dr. Rashaad Al-Khilaani

Decision Number [ Previous | Next ]


Summarized Fatawaa

What is the ruling on praying in congregation at the mosque?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Congregational prayer (Salat al-Jama‘ah) is a communal obligation (Fard Kifayah) for resident men regarding the performance of the prescribed (obligatory) prayers. For men, praying in congregation at the mosque is better than praying elsewhere, such as at home. On the authority of Abdullah bin Umar, the Messenger of Allah ﷺ said: 'Prayer in congregation is twenty-seven degrees more excellent than the prayer of a person alone' (Reported by Bukhari & Muslim). Furthermore, on the authority of Abu Hurayrah, the Messenger of Allah ﷺ said: 'Shall I not tell you that by which Allah erases sins and raises ranks?' They said, 'Of course, O Messenger of Allah.' He said: 'Performing wudu thoroughly despite difficulties, taking many steps toward the mosques, and waiting for the next prayer after the prayer; that is your Ribat (steadfastness)' (Narrated by Muslim).
 
As for a woman, her praying in congregation at home is better for her than in the mosque, according to the saying of our Master the Prophet ﷺ: 'Do not prevent your women from attending the mosques, but their homes are better for them' (Narrated by Abu Dawood). Young boys should be encouraged to attend the mosques and congregational prayers so they may become accustomed to them. And Allah the Exalted knows best.

What are the nullifiers of fasting?

1. Anything that enters the body cavity intentionally, even in small amounts, through an open passage such as the mouth, nose, ears, front, or back private parts.
2. Intentional vomiting.
3. Sexual intercourse.
4. Masturbation.
5. Menstruation and postnatal bleeding.
6. Insanity.
7. Apostasy.
8. Fainting if it lasts for the entire day.

A man wishes to offer more than one uḍḥiyah (sacrificial offering), and intends by these sacrifices "on behalf of everyone whom Allah and His Messenger love." Is this intention valid?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The uḍḥiyah (sacrificial offering) is not valid with this intention, because if the sacrificial animal is from sheep or goats, it suffices for one person only; and if it is from cattle or camels, it suffices for seven persons.
However, one may sacrifice it on his own behalf, and then gift the equivalent of its reward to whomever he wishes.
Imam ar-Ramlī (raḥimahullāh) says: "Ash-Shāfi‘ī (raḍiyallāhu ‘anh) said: It is within the vastness of Allah's bounty, the Exalted, that He rewards the one giving charity as well. From this, the scholars of the madhhab said: it is recommended for a person to intend the charity on behalf of his parents, for example — for Allah, the Exalted, will reward them, without this diminishing his own reward in any way." He then relates, as the relied-upon position, the permissibility of saying: "O Allah, convey the reward of what I have recited specifically to so-and-so, and to the Muslims generally." Az-Zarkashī said: "For reward varies in degree — its highest form is what one designates specifically, and its lowest form is what one dedicates generally [alongside others]." [End of quote from Nihāyat al-Muḥtāj]. And Allah, the Exalted, knows best.

Is the niṣāb calculated based on the price of 21-karat gold, or 24-karat gold?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh is obligatory on cash and on gold designated for saving or for trade, provided the total reaches the niṣāb (minimum threshold liable for zakah), and a full ḥawl (lunar year) has elapsed over it. The niṣāb is (85) grams of 24-karat gold; for 21-karat gold, the niṣāb equals (97) grams; and for 18-karat gold, it equals (113) grams.
The relied-upon position is to calculate the zakāh based on the buying price [i.e., the price the gold merchant would pay the owner to purchase the gold from him] on the day the zakāh obligation is due.
The one paying zakāh may assess/calculate the niṣāb using any of the aforementioned gold karats [i.e., he may choose whichever karat standard he wishes for the purpose of the calculation]. And Allah, the Exalted, knows best.