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Resolutions of Iftaa' Board

Resolution No.(21): "Is the Killer (Inheritor) Entitled to Inherit the Person whom he had Killed (Inheritee)"

Date Added : 29-11-2015

Resolution No.(21) by the Board of Iftaa`, Research and Islamic Studies:
"Is the Killer (Inheritor) Entitled to Inherit the Person whom he had Killed (Inheritee)"
Date: 30/7/1411 AH, corresponding to 14/2/1991.

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

On the above date, the Board reviewed the verdict issued by the High Court of Justiciary whereby  (Mr. X) wasn`t found criminally responsible for his father`s death because of his mental and psychotic state, as confirmed by the reports of specialized doctors.

Article (183) of the Jordanian Civil Status Law obligates enforcing the preponderant opinion of the Hanafite School of Thought in both the judiciary and Sharia systems. This article reads as follows: "An inheritor who kills his inheritee while being in a state of insanity or suffering from a mental illness that makes him unaware of his actions, enjoys the right to inherit him."

Based on article (586), from the Jordanian Civil Status Law, which reads as follows: "If he has killed the inheritee out of Qisas (Retribution), as a (Had) prescribed penalty, in self-defense, was an indirect cause, or he (killer) hasn`t reached the age of puberty or was insane, then he is entitled to inherit him".

In conclusion, the Iftaa` Board rules that the above murderer is entitled to receive a share from the estate of the murdered (his father). And Allah Knows Best.

Chairman of the Iftaa` Board, Chief Justice Mohammad Mohailan
The Grand Mufti of Jordan, Izzaldeen At-tamimi
Dr. Abdullahlim Ar-ramahi
Dr. Abdusallam Al-Abbadi
Dr. Ahmad Helayel
Dr. Yaseen Daradkeh
Dr. Abdulahaleem Al-Ramahi
Dr. Mohammad Al-Qhodat
Sheikh Ibrahim Khashan

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Summarized Fatawaa

How should I deal with the whispers of the devil with regard to ablution and purity?

Whispers in ablution are from the devil, and so you should take refuge in Allah from the devil`s evil suggestions that aim to distort the religion. Thus, once an organ is completely pure, don`t question its purity since having whispers doesn`t mean that the purity is invalid as it has already been established.

Which is more excellent for a woman: to pray in the mosque or in her house?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Our Master the Prophet ﷺ said: 'It is more excellent for a woman to pray in her house than in her courtyard, and more excellent for her to pray in her private chamber than in her house.' Therefore, a woman’s adherence to her home and her refraining from going to the mosques—in obedience to the command of Allah the Exalted—attains a great reward and abundant recompense. Furthermore, women praying in congregation within their homes is better than their attendance at the mosques, based on the aforementioned Hadith. And Allah the Exalted knows best.

How does one with a continuous condition (like urinary incontinence or non-menstrual vaginal bleeding - mustahada) perform ablution?

A person with a continuous condition must do three things:
1. Not perform ablution except after the prayer time has entered.
2. Change the bag or diaper placed to reduce the flow of urine or blood after the prayer time enters, wash the private part from blood or urine, and perform ablution immediately.
3. Perform the actions of ablution in immediate succession, then pray immediately without delay, unless he intends to pray with the congregation.
It is not permissible for a person with a continuous condition to combine two obligatory prayers with one ablution, as he must perform ablution for each obligatory prayer, even if making it up (qada'). And Allah the Almighty knows best.

Is it permissible to combine and shorten prayers at home before traveling?

It is impermissible to combine and shorten prayers at home before traveling because a person is called a traveler once he/she departs the borders of his/her country, and offering prayer that way was originally intended to exempt a traveler. And Allah Knows Best.

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